Opinion
1950388, 1950473.
September 6, 1996. Rehearing Denied October 11, 1996.
Appeals from Jefferson Circuit Court (CV-91-1487); William A. Jackson, Judge.
Michael K. Wright and Sybil Vogtle Abbot of Starnes Atchison, Birmingham, for Jefferson Clinic, P.C.
Robert D. Norman and Robert D. Norman, Jr. of Norman, Fitzpatrick, Wood Kendrick, Birmingham, for David Young, Jr., M.D.
Note from the Reporter of Decisions: The Court's opinion carried the name "David Young"; his brief carried the name "David Young, Jr."
Joan B. Singleton, Bessemer, for Y. D. Mixon.
The judgment entered on the jury's verdict for Dr. David Young is affirmed. However, the trial court's order granting a new trial on the plaintiff's claim against Jefferson Clinic, P.C., is reversed on the ground that the evidence does not sufficiently indicate that any physician/employee of the clinic breached the appropriate standard of care in treating the plaintiff. In this respect, the case is remanded for the trial court to grant the clinic's motion for a judgment notwithstanding the verdict.
1950388 — REVERSED AND REMANDED WITH INSTRUCTIONS.
1950473 — AFFIRMED.
HOOPER, C.J., and ALMON, INGRAM, and BUTTS, JJ., concur.