Schwartz v. Abay

Lewis, J.:

Plaintiff John E. Schwartz brought this malpractice action against the defendant physician, Eustaquio O. Abay II, M.D., alleging negligence in the performance of a spinal fusion. The jury awarded judgment in favor of plaintiff in the amount of $76,200. Included in die jury award was a future medical award of $40,000. The trial court set aside the award for future medical expenses on a motion for judgment notwithstanding the verdict. Plaintiff appeals from the trial court’s action on that motion.

This case has found its way to this court for the second time. It was originally appealed…