Lambert v. Shearer

Petree, Judge.

Defendant, Earnest Shearer, D.O., appeals from the Franklin County Court of Common Pleas, where a jury assessed $2.4 million in damages against him in this medical malpractice action. Since we find that the trial court committed various prejudicial errors, we must reverse.

In 1988, Wayne Lambert’s continued flu and cough symptoms prevented him from running his family restaurant in Urbana, Ohio, and he therefore sought medical attention. At the time, he had no personal physician and rarely went to any doctor because he had been a healthy forty-eight-year-old man. Since he ran the…