Ykimoff v. W a Foote Memorial Hospital

TALBOT, EJ.

W A. Foote Memorial Hospital (“defendant” or “the hospital”) appeals as of right a judgment in favor of plaintiff, James Ykimoff, following the trial court’s denial of its motion for a new trial or for judgment notwithstanding the verdict (JNOV) in this medical malpractice action. Elaintiff cross-appeals the trial court’s order granting partial summary disposition, which resulted in the dismissal of plaintiffs malpractice claims against his surgeon, Dr. David Eggert. We affirm in part, vacate the judgment in part, and remand.

I. FACTS AND PROCEDURAL HISTORY

On November 7, 2001,…