ZONA MAYO v. DONNA L. SHINE, M.D., ET AL. - Articles

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Posted by: Tanja Trezise on Jun 25, 2012

Court: TN Court of Appeals

Attorneys 1:

Joe Bednarz, Sr., Nashville, Tennessee, and Steven R. Walker, Oakland, Tennessee, for the appellant, Zona Mayo.

Attorneys 2:

Rick L. Powers, and Rachel Park Hurt, Knoxville, Tennessee, for the appellee, Fort Sanders Regional Medical Center.

Judge(s): SWINEY

Zona Mayo (“Plaintiff”) sued Donna L. Shine, M.D., Fort Sanders  Obstetrical and Gynecological Group, P.C., and Fort Sanders Regional Medical Center (“the Hospital”) alleging medical malpractice in connection with Plaintiff’s birth. After a jury trial, the Trial Court entered judgment on the jury’s verdict finding and holding that neither Dr. Shine nor the Hospital were legally responsible for any harm suffered by Plaintiff. Plaintiff appeals raising issues regarding alleged jury misconduct and alleged errors with regard to admission of evidence, among other things. We find and hold that Plaintiff is entitled to a new trial due to errors in the admission of specific evidence and the improper limitation of Plaintiff’s cross-examination of Dr. Shine, among other things. We vacate the Trial Court’s judgment and remand this case to the Trial Court for a new trial in compliance with this Opinion.