Nachtweih v. Maravilla

CRAHAN, Judge.

Plaintiff Linda Nachtweih (“Plaintiff’) appeals from a judgment entered pursuant to a jury verdict in favor of Defendant L.M. Ma-ravilla, M.D. (“Defendant”) in a negligence action seeking damages for failure to diagnose her pregnancy. The sole issues on appeal are whether the trial court erred in allowing a deposition to be read to the jury pursuant to Rule 57.07(a)(2) and, if so, whether the error was sufficiently prejudicial to warrant a new trial. We hold that admission of the deposition was error but was not sufficiently prejudicial to warrant a new trial.

Plaintiff initially…