Breaux v. Bailey
Decision Date | 22 December 2000 |
Citation | 789 So.2d 204 |
Parties | Dr. Charles BREAUX v. Sheila BAILEY. Cooper Green Hospital et al. v. Sheila Bailey. Charles Breaux, M.D., and Jefferson Clinic, P.C., v. Sheila Bailey. |
Court | Alabama Supreme Court |
Randal H. Sellers and Joseph L. Reese, Jr., of Starnes & Atchison, L.L.P., Birmingham, for appellants Charles Breaux, M.D., and Jefferson Clinic, P.C.
Robert E. Parsons and Dorothy A. Powell of Parsons, Lee & Juliano, P.C., Birmingham, for appellants Jefferson County d/b/a Cooper Green Hospital, Cynthia Venton, and Wiley King.
John W. Haley, Shay Samples, and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellee.
These three appeals arise from Sheila Bailey's lawsuit alleging that the defendants—Dr. Charles Breaux; Jefferson Clinic P.C.; Cooper Green Hospital; Cynthia Venton; and Wylie King—acted negligently or wantonly in providing her medical care. On December 24, 1994, Bailey underwent abdominal surgery, performed by Dr. Breaux at Cooper Green Hospital. Cynthia Venton and Wylie King, two surgical nurses, assisted Dr. Breaux with the procedure. Following the surgery, Bailey suffered from abdominal pain. In March 1996, Bailey learned that a foreign object had been left in her abdomen during the December 1994 surgery. Bailey sued.
Bailey's claims went to trial on October 18, 1999. The jury returned a verdict for Bailey, awarding her $78,000 in damages. The circuit court entered a judgment on that verdict. On November 18, 1999, King and Venton moved to alter, amend, or vacate the judgment. On November 24, 1999, before the trial court had ruled on Venton and King's motions, Dr. Breaux filed a notice of appeal. On December 15, 1999, the trial court acknowledged that in charging the jury he had committed an error that was prejudicial to Venton and King. He ordered a new trial as to all defendants. All the defendants appealed the order granting a new trial.
Cooper Green Hospital, Cynthia Venton, and Wylie King argue that the trial court was without jurisdiction to grant a new trial as to all defendants because none of the defendants in their post-judgment motions had requested a new trial and because the trial court ordered the new trial more than 30 days after it had entered its judgment. In order to fully understand the issues presented by Cooper Green Hospital, Venton, and King, we include a portion of the trial court's order:
We agree with the trial court that the only way to cure the effect of the erroneous jury instruction is to order a new trial as to all defendants. We also agree with the trial court's interpretation of Venton and King's motions to alter, amend, or vacate as asserting grounds for a new trial. This Court has repeatedly held that "[t]he substance of a motion and not...
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