Wipf v. Kowalski

SYKES, Circuit Judge.

While performing a laparoscopic cholecystectomy to remove Nicki Wipfs gallbladder, Dr. Lisa Kowalski accidentally cut Wipfs common bile duct. As a result, Wipf underwent various corrective procedures with painful side effects. Wipf filed a diversity suit against Dr. Kowalski and her employer, Marshall Clinic Effingham, S.C., for medical malpractice, and a jury found Dr. Kowalski had not breached the applicable standard of care. On appeal Wipf argues the jury’s verdict is against the manifest weight of the evidence, or alternatively, a new trial is warranted based on…