Banther v. Drew

PHILLIP R. GARRISON, Presiding Judge.

Debbie Banther (“Plaintiff’) appeals from a judgment entered on a jury verdict in favor of Dr. Steven M. Drew (“Defendant”), a practicing physician, in an action for the wrongful death of her twenty-two-year-old daughter, April Banther (“April”). Plaintiff contends that the trial court erred in refusing to give a verdict directing instruction offered by her. We agree and reverse the judgment.

At approximately 10:45 p.m., January 24, 2001, April went to the Aurora Community Hospital’s Emergency Room in Aurora, Missouri, where she reported to the triage nurse…