Kelly Ex Rel. Kelly v. Jackson

COVINGTON, Judge.

Che Kelly, by her next friend, and her mother, Vera Kelly, brought a medical malpractice action against Darwin Jackson, M.D., and Jonathan R. Reed, OB/GYN Services, Inc., for injuries sustained by Che Kelly during her birth. The court entered a verdict for defendants. The court of appeals reversed and remanded, finding that the trial court committed reversible error when it denied plaintiffs’ counsel the opportunity to argue an adverse inference from defendants’ failure to call a witness. This Court granted transfer. The judgment of the trial court is affirmed.

Yera Kelly was…