Sterling Tyrone Brown, Sr., as Surviving Spouse v. Southeastern Pain Specialists, P.C.

I respectfully dissent from the majority opinion’s conclusion that there was evidence supporting a claim against Dr. Doherty based on ordinary negligence. The trial court erred by denying Dr. Doherty’s motion for a directed verdict on the ordinary negligence claim and by instructing the jury (over Dr. Doherty’s objection) that it could find Dr. Doherty liable on the basis of ordinary negligence. These errors entitle Dr. Doherty, Southeastern Pain Ambulatory Surgery Center, LLC, and Southeastern Pain Specialists, PC., to reversal of the judgment entered on the jury verdict and require a new…