Duren v. Suburban Community Hospital

This medical malpractice case resulted in a plaintiff’s verdict against the defendant hospital in the amount of $2,500,000 for wrongful death, $1,000,000 for pain and suffering on the survival action and $2,554 in funeral expenses.

The defendant now has moved for a new trial and/or remittitur on the following grounds:

1. The judgment entered on the survivorship claim is contrary to R.C. 2307.43. (Civ. R. 59[A][7].)

2. The judgments entered on both the survivorship claim and the wrongful death claim are excessive, appearing to have been given under the influence of passion or prejudice. (Civ. R.…