LeRoux v. Levine

Banke, Presiding Judge.

The appellant sued the appellees to recover for the alleged wrongful death of her husband due to medical malpractice. During the trial of the case, the appellees moved for a directed verdict, contending that there was a failure of proof on the issue of proximate cause. The trial court did not grant the motion, and the case was submitted to the jury; however, a mistrial was thereafter declared due to the inability of the jurors to agree upon a verdict. The appellees then filed a timely motion for judgment notwithstanding the mistrial, which the trial court took under…