Nunley v. Kloehn

DECISION AND ORDER

WARREN, District Judge.

Before the Court are the defendant’s Motion for Judgment as a Matter of Law or Alternative Motion for a New Trial pursuant to Federal Rules of Civil Procedure 50(b) (“Rule 50(b)”) 1 and 59(a) (“Rule 59(a)”) in the above-captioned matter. For the following reasons, both motions are denied.

I. BACKGROUND

Plaintiff Cheryl Nunley, a Florida resident, filed the instant Complaint on April 8, 1993, amended on August 11,1994, charging defendant Ralph A. Kloehn, M.D., a cosmetic and plastic surgeon residing in Wisconsin, with “reckless, careless, and negligent”…