Betty L. Johnson, et al., v. Charles S. Settle, M.D., et al.

Case Number
M1999-01237-COA-R3-CV

This is an appeal of a jury verdict based on personal injuries plaintiff received as a result of the wrong acetic acid solution being applied during a colposcopy. Metro Medical Supply, Inc., the supplier of the acid, appeals the trial court's decisions on post trial motions and the amount of the remittitur. Among other grounds, Metro Medical asserts that it is not liable because any acts or omissions on its part were too remote and that there were intervening superceding causes that were the legal and proximate cause of plaintiff's injuries. We agree, and for the reasons below, we find that Metro Medical was not legally liable to plaintiffs and any negligence on its part was superceded by unforeseeable intervening causes. Accordingly, the judgment against Metro Medical Supply, Inc. is reversed.


 

Authoring Judge
Judge Patricia J. Cottrell
Originating Judge
Judge Thomas W. Brothers
Case Name
Betty L. Johnson, et al., v. Charles S. Settle, M.D., et al.
Date Filed
Dissent or Concur
No
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