Chris Eagan, Sybil Newton, George Newton, and Averie Armstead Jones recently prevailed in an appeal before the Alabama Supreme Court. The Court affirmed without opinion the jury verdict in favor of the Defendant OBGYN and her practice group following a week-long trial in the Circuit Court of Jefferson County. On appeal, the Plaintiffs argued they were entitled to a new trial because the trial court erred by denying Plaintiffs’ motion for summary judgment on causation, erred in its charge to the jury and the manner in which it framed to issues to be considered by the jury, and erred in prohibiting the Plaintiffs from employing Reptile Theory tactics – specifically prohibiting the use of the words “safety” and “patient safety” with respect to what is required by the standard of care. The Alabama Supreme Court rejected all of these arguments by the Plaintiff and affirmed the defense verdict.
