Cox, et al. v. St. Joseph’s Hospital, et al.

Plaintiff suffered a stroke with devastating consequences, leaving him with permanent paralysis and aphasia. Following a jury trial on his claim of medical malpractice, plaintiff received a jury verdict that awarded substantial damages to him and his wife. At issue was whether the Second District permissibly reweighed the testimony presented by plaintiff's expert witness as to whether the conduct of the hospital and emergency room doctor caused him to suffer devastating damages as a result of the stroke. The court held that it was within the jury's province to evaluate the expert's credibility and weigh her testimony and that the Second District misapplied the court's precedent by reweighing the evidence and rejecting the expert's explanation. Accordingly, the court quashed the Second District's judgment and remanded for further proceedings.