Gittens v. Christian
District Court, Virgin Islands
1Opinion of the CourtO’Brien, Judge
MEMORANDUM OPINION AND ORDER
A jury in this medical malpractice case returned a verdict of. $150,000 in favor of the plaintiff. At issue is a post trial motion by the defendant seeking judgment notwithstanding the verdict, or a new trial. The heart of defendant’s motion is the assertion that the Court’s instruction to the jury, which applied a national standard of care as against a locality standard, was erroneous.
For the reasons stated herein, the motion will be denied and the verdict will be permitted to stand in its full amount.
I. FACTS
The defendant, Dr. Cora Christian (“Dr. Christian”), is…
2Cases cited4 opinions
- Fireman's Fund Insurance Co., in No. 75-2405 v. Videfreeze Corporation, and David E. Chinnery Development Corp., Inno. 75-2406Court of Appeals for the Third Circuit · 1976
- Florence Nash McPhee v. John Reichel, Jr., M.D.Court of Appeals for the Third Circuit · 1972
- Robbins v. FooterCourt of Appeals for the D.C. Circuit · 1977
- Fireman's Fund Insurance v. Videfreeze Corp.District Court, Virgin Islands · 1975
3Cited by3 opinions
- Jordan v. BognerSupreme Court of Colorado · 1993
- Cheek v. DomingoDistrict Court, Virgin Islands · 1986
- Gittens v. ChristianCourt of Appeals for the Third Circuit · 1986