Susan Stewart, Personal Representative of the Estate of Joanne Hatton v. Arthur Alunday, M.D.

VAIDIK, Chief Judge.

Case Summary

[1] In this medical-malpractice- case, the plaintiff filed a motion for judgment on the evidence claiming that Dr. Arthur Alunday, M.D., made a judicial admission during his testimony that he breached the standard of care, thereby leaving only the -issues of causation and damages for the jury. Although the trial court found that Dr. Alunday judicially admitted that he breached the standard .of care, the court concluded that the judicial admission was not conclusive and binding but rather should be considered and weighed as other evidence. We clarify that,…