McDonnell v. McPartlin

Docket No. 87309–Agenda 14–January 2000.

MOIRA McDONNELL, Ex’r of the Estate of John G. McDonnell, Deceased, Appellant, v. RICHARD F. McPARTLIN III, M.D., et al. , Appellees.

Opinion filed June 15, 2000.

The principal issue in this appeal is whether a defendant in a medical negligence case who asserts that a nonparty physician’s conduct was the sole proximate cause of the plaintiff’s injury (the so-called “empty chair” defense) must demonstrate that the nonparty physician’s conduct was professionally negligent, as well as the sole proximate cause of the plaintiff’s injury, in order for the jury…