Manno v. McIntosh

HABHAB, Judge.

In this medical malpractice action the defendant doctors, Dr. Thomas McIntosh and Dr. Nile Dusdieker, appeal the district court’s granting of plaintiffs motion for a new trial after a jury found the doctors free from fault in the death of the decedent, Raymond A. Mitchell. We reverse and remand.

Raymond Mitchell was a seventy-year-old retired farmer who had a history of medical conditions related to arthritis, high blood pressure, urinary frequency and diabetes. Mitchell had been suffering for approximately one week from “flu symptoms, nausea, and heartburn,” and also exhibited…