Downey v. University Internists of St. Louis, Inc.

In this lost-chance-of-survival action, plaintiff Betty Downey appeals the judgment of the trial court entered upon a jury verdict in her favor, but awarding no damages. Mrs. Downey claims the trial court erred in entering its judgment because the verdict was inconsistent, was not supported by the evidence, and was grossly inadequate. Because we hold the verdict was inconsistent, we reverse and remand.

Factual Background

Mrs. Downey brought this action after her husband, Patrick Downey, died of lung cancer. Mr. Downey’s primary-care physician was Dr. Brinkman, an internist and cardiologist, and…