Witten v. Pack

Opinion of the Court by

Justice SCOTT.

Appellants, Carroll L. Witten, Jr., M.D. and Witten, Sherman & Catalano, PLLC, appeal from a decision of the Court of Appeals overturning a jury verdict in their favor in this medical malpractice action. The Court of Appeals held that Dr. Witten, an orthopedic surgeon, was negligent as a matter of law for slipping in the operating room while holding a patient’s leg. This matter is before us on discretionary review.

On appeal to this Court, Appellants argue that setting aside the verdict was improper because Dr. Witten was not negligent as a matter of law.…