Rudeck v. Wright

The HONORABLE JOEL G. ROTH, District Judge, sitting for MR. JUSTICE MORRISON,

delivered the Opinion of the Court.

This is a medical malpractice case which is commonly referred to as a “foreign object” case. The case was tried to a jury in Lewis and *44Clark County District Court and resulted in a $75,000 verdict on the wrongful death claim and zero on the survival claim. Following trial, plaintiff Rudeck moved for a new trial. The District Judge ordered a new trial. Defendant Wright appeals from that order and, additionally, raises other issues for appellate review. Plaintiff appeals the denial of…