Martin v. St. Dominic-Jackson Memorial Hospital

¶ 16. I respectfully dissent with the majority on the issue of causation as to whether Martin offered sufficient testimony to create a question of fact upon which reasonable minds could differ. I also dissent with the majority’s discussion of breach of duty — an issue that was not raised by either party on appeal.

¶ 17. First, I find that Martin’s medical expert, Dr. Gandy, did not provide sufficient evidence for a jury to determine that Martin’s injuries were proximately caused by her fall at St. Dominic. The hospital argues, and I agree, that Martin failed to provide any expert testimony to…