Mercer v. Thornton

GREENE, Chief Judge.

Plaintiffs, Carol and Jackie Mercer, sued Dr. Fred H. Thornton charging him with negligence (medical malpractice) in his care and treatment of Carol Mercer during and following a gastric bypass procedure resulting in injury and damages to plaintiffs. At the conclusion of plaintiffs’ evidence, presented to a jury, the trial court directed a verdict in favor of Thornton, and entered judgment in his favor.

The Mercers raise several issues on appeal, including the contention that their evidence made a submissible case against Dr. Thornton. We agree with that contention and…