Kaiser-Bauer v. Mullan

OPINION

LANSING, Judge

Terry Kaiser-Bauer brought a medical-malpractice action against John Mullan, alleging negligence in the performance of carpal-tunnel surgery and the administration of post-operative care. The jury returned a special verdict in Kaiser-Bauer’s favor and awarded her approximately $132,000 in damages. Because the trial judge improperly submitted two of Kaiser-Bauer’s three negligence theories to the jury and the evidence does not conclusively establish that Kaiser-Bauer is entitled to the verdict on the third theory, we reverse the jury’s verdict and remand for a new trial.

FAC…