Abell v. Oliver

*662 OPINION

SCHRODER, Judge.

This is a medical malpractice case in which the plaintiff hired the judge’s husband’s law firm. The defendant did not waive the conflict in writing and the judge did not recuse herself. We agree that the judge erred in not recusing herself. Therefore, we vacate the verdict and remand for a new trial to be conducted by a new trial judge.

The appellee, Tonya Oliver, had Lasik eye surgery performed on her by the appellant, Dr. Thomas G. Abell in December of 1997. Subsequent enhancement procedures were performed on May 21, 1998, and on May 28,1998. Apparently the May 21…