Eaddy v. Garden City Osteopathic Hospital

Plaintiff brought an action for wrongful death alleging medical malpractice by the defendants. A verdict of no cause of action was returned by the jury on January 26, 1984.

This appeal does not raise any issues from the underlying negligence action. Rather, the appeal involves the jurisdiction of the trial court to enter an order requiring plaintiffs counsel to pay a $6,800 balance of an expert witness fee to Dr. Janette D. Sherman, M.D., who testified for the plaintiff at trial.

The agreement between Dr. Sherman and the law firm of Zeff & Zeff, pursuant to the affidavit of Dr. Sherman, was…