Koenig v. Babka

GAERTNER, Judge.

Plaintiffs sued defendants Joseph J. Bab-ka, M.D., Ronald A. Sapiente, M.D., and Incarnate Word Hospital seeking damages for injuries allegedly resulting from their negligence. At the conclusion of the evidence plaintiff dismissed her action against Dr. Sapiente and the hospital. The jury returned a verdict of $275,000 against Dr. Babka alone. Judgment was entered accordingly and he appeals. We affirm.

Defendant asserts three points of error: (1) failure to modify MAI 4.01 by substituting a descriptive phrase for “occurrence” thus allowing the jury to award damages for an…