Stalkup v. Vancouver Clinic, Inc., PS

¶1 The jury in a medical malpractice case returned a special verdict finding that, although Dr. James Hampton was negligent, his negligence did not cause John Stalkup’s death. John’s1 widow, Susan Stalkup, moved for a judgment as a matter of law on the issue of proximate cause under CR 50(a)(1) and a new trial on the sole issue of damages under CR 59(a)(7). The trial court denied Susan’s motion but held that the jury’s verdict was inconsistent and ordered a new trial on all issues.

¶2 Hampton and the Vancouver Clinic, Inc., PS, appeal from the new trial order claiming that, when applying the…