Byerly v. Madsen

McInturff, A.C.J.

Defendants, Drs. Arthur Madsen and Max Allen and Sacred Heart Medical Center appeal the superior court order vacating a jury verdict in their favor in a malpractice action and granting a new trial to the plaintiffs, Marion Byerly and her four daughters. The Byerlys cross-appeal from the court's denial of their motion for a directed verdict against the hospital on the issue of negligence. We affirm the order for a new trial, but reverse the denial of the Byerlys' motion for a directed verdict on the issue of negligence.

In September 1980, William Byerly, who was 50 years old,…