Jacqueline Sue Rogers v. Samuel L. Banks and Cathy J. Stancil - Concurring

Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers.  Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court.  One action was brought against Dr. Banks, her treating  physician.  The other action was brought against Nurse Stancil.  Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case.  Both actions were submitted to the jury.  The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000.  Dr. Banks and Nurse Stancil both filed motions for judgments not withstanding the verdict as well as motions for a new trial.  Judge Summitt overruled these motions and upheld the jury award.  We now reverse the judgment below and dismiss boith suits with prejudice.