Bennie Joe Poteet, II, Individually and by and Through Evelyn Poteet, as Conservator of Bennie Joe Poteet, II v. National Healthcare of Cleveland, Inc., et al.

This appeal involves a claim of medical malpractice. Bennie Joe Poteet, II, individually and by and through his mother, Evelyn Poteet, as his conservator (collectively “the Plaintiffs”), sued Adam E. Fall, M.D. (“Dr. Fall”) and National Healthcare of Cleveland, formerly doing business as Cleveland Community Hospital (“the Hospital”) (collectively “the Defendants”) for medical malpractice after Mr. Poteet suffered a stroke while admitted at the Hospital which rendered him completely paralyzed from the nose down. Both parties moved for partial summary judgment on Mr. Poteet’s later added claim of negligence per se based on a bonus incentive plan allegedly maintained by the Hospital that indirectly set forth the reduction of MRIs ordered by Dr. Fall as a factor in his annual bonus determination. The trial court granted the Hospital’s dispositive motion on the issue, as well as the Hospital’s motion to dismiss on the bonus issue. Prior to trial, the court also granted the Defendants’ motions in limine to exclude any evidence of the bonus incentive plan offered to Dr. Fall, but denied the Defendants’ motion to exclude all testimony of one of the Plaintiffs’ neurology experts. At the close of the case, the trial court submitted a special verdict form to the jury which instructed that the question regarding the Hospital’s negligence based on insufficient neurology coverage was to be disregarded if neither Dr. Fall nor the treating nurses were found to be negligent. The jury subsequently returned a verdict favorable to the nurses and Dr. Fall, leaving the question on the adequacy of neurology coverage unaddressed. Judgment was entered on the jury’s findings. The Hospital thereafter filed a motion for directed verdict on the neurology coverage issue while the Plaintiffs moved for a new trial on multiple grounds. The trial court denied the Plaintiffs’ motion for new trial but granted the Hospital’s motion for directed verdict as well as the Defendants’ motions for discretionary costs. The Plaintiffs have appealed. We affirm.