James by and Through James v. Woolley

6 Citing cases

  1. Sharrief v. Gerlach

    798 So. 2d 646 (Ala. 2001)   Cited 36 times
    Holding that โ€˜[t]he improper matter someone argues the jury considered must have been obtained by the jury or introduced to it by some process outside the scope of the trial.โ€™

    The resolution of conflicts in the evidence rests solely with the trier of fact, in this case, the jury. Jones v. Beltazar, 658 So.2d 420 (Ala. 1995); James v. Woolley, 523 So.2d 110, 112 (Ala. 1988). The record contains substantial evidence to support the jury verdict; thus, we must conclude that the verdict was not plainly and palpably wrong.

  2. Floyd v. Broughton

    664 So. 2d 897 (Ala. 1995)   Cited 15 times

    The plaintiff presented the expert testimony of Dr. Jonathan Glauser; his testimony created a factual dispute between the experts as to the standard of care. Because of the conflicting expert testimony, the factual determination rested solely with the jury. James v. Woolley, 523 So.2d 110, 112 (Ala. 1988). Apparently, the jury believed Dr. Sherer's testimony that both Dr. Broughton and Dr. Chang met the standard of care.

  3. Brown v. Gamble

    537 So. 2d 476 (Ala. 1989)   Cited 7 times
    Stating that cases filed after June 11, 1987, are subject to the substantial evidence rule instead of the scintilla rule

    Summary judgment should not be granted against a claim where there is presented any evidence from which an inference may be drawn in support of the claim. James v. Woolley, 523 So.2d 110 (Ala. 1988); Allen v. Mobile Infirmary, 413 So.2d 1051 (Ala. 1982). The original complaint in this case was filed prior to June 11, 1987, the effective date of Alabama Code 1975, ยง 12-21-12.

  4. Turner v. Benhart

    527 So. 2d 717 (Ala. 1988)   Cited 1 times

    This Court has recently reaffirmed the "medical judgment rule," the principle that a physician is not liable for malpractice when he chooses a recognized method of treatment, even though other experts testify that they would have chosen an alternative method of treatment. James v. Woolley, 523 So.2d 110 (Ala. 1988). Additionally, the testimony provided by Mr. Turner and Dr. Larry Britt that contradicted their earlier statements could have persuaded the jury to assign little weight to their testimony, or to disbelieve their testimony altogether.

  5. Brackett v. Coleman

    525 So. 2d 1372 (Ala. 1988)   Cited 9 times
    In Brackett v. Coleman, 525 So.2d 1372 (Ala. 1988), we held that a trial court should not be placed in error merely because its recharge did not restate all pertinent principles of law.

    The law does not require a physician to be infallible in his treatment of a patient, and this Court has recently reaffirmed the "medical judgment rule," which stands for the proposition that a physician is not liable for malpractice when he makes an informed choice between viable alternatives, even though other experts, with the benefit of hindsight, testify that they would have chosen an alternate method of treatment. James v. Wooley, 523 So.2d 110 (Ala. 1988). In light of the conflicting evidence presented on the issue of whether Dr. Coleman's failure to perform a urinalysis or blood sugar test was a deviation from the appropriate standard of care, the trial court was fully justified in charging the jury as to alternative methods of treatment.

  6. Taylor v. Wheeler

    234 So. 3d 523 (Ala. Civ. App. 2016)

    The resolution of conflicts in the evidence rests solely with the trier of fact, in this case, the jury. See Sharrief v. Gerlach, 798 So.2d 646, 651 (Ala. 2001) (citing Jones v. Baltazar, 658 So.2d 420, 422 (Ala. 1995), citing in turn James v. Woolley, 523 So.2d 110, 112 (Ala. 1988) ). We conclude that the jury properly exercised its duty to resolve conflicts, find the facts, and express its findings in its verdict.