Hughes v. Rivera-Ortiz

HUNTER, Judge.

Blondale Hughes (“plaintiff’) filed a medical malpractice action on 23 January 2004, alleging that Dr. Epifanio Rivera-Ortiz (“Rivera-Ortiz”) was negligent on 12 September 2002 in his care and treatment and that such negligence was imputed to Callaway1 Associates, LLP *216d/b/a Promed of North Carolina PLLC (“Callaway”).2 The jury found Rivera-Ortiz negligent, and found that Callaway had ratified his actions. The jury awarded one (1) dollar in nominal damages. Plaintiff moved for a new trial under North Carolina Rule of Civil Procedure 59 (hereafter “Rule 59”), and the trial court…