Gerver v. Benavides

In this appeal from the Circuit Court of Berkeley County, we are asked to examine a June 22, 1998 order that set aside a medical malpractice jury verdict in favor of the plaintiffs, and awarded the defendant physician a new trial. After a careful consideration of the briefs, arguments of the parties, and all matters of record, we conclude that the circuit court abused its discretion in setting aside the jury’s verdict.

As set forth below, we reverse and remand the circuit court’s order, and remand the case for entry of judgment on the jury’s verdict.

I

On October 7, 1994, the appellee and…