Cummings v. Ortega

HUNTER, JR., Robert N., Judge.

Agnes Ortega, M.D., and Women’s Health Care Specialists (“defendants”) appeal from a Rule 59(a) order setting aside a jury verdict in favor of defendants on 16 December 2008. The verdict found no negligent acts by defendant in a medical malpractice action filed by Penny Cummings (“plaintiff”). Defendants subsequently filed a Rule 60(b) Motion for Reconsideration and Relief from Order which the trial court denied on 10 July 2009.

On appeal, defendants contend that the trial court erred by considering juror affidavits to impeach the verdict of the jury and award…