Bair v. Callahan

OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR NEW TRIAL

ROBERTO A. LANGE, District Judge.

I. INTRODUCTION

This Court held a jury trial in this case from August 31 to September 3, 2010. The jury found that the Defendant, orthopedic surgeon Dr. Robert A. Callahan, was not negligent in his treatment of Plaintiff Robin Bair. The treatment in question included a spinal surgery involving placement of pedicle screws and rods into Mr. Bair’s back. Plaintiffs moved for a new trial under Rule 59 of the Federal Rules of Civil Procedure, based on two arguments:

1. Plaintiffs were prejudiced by the…