Torts — medical malpractice — causation

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Wisconsin Court of Appeals

Civil

Torts — medical malpractice — causation

Kellie and Jonathan Engen brought a medical malpractice action against Dr. Amy Grelle, a family physician, alleging that Dr. Grelle was negligent in the care and delivery of the Engens’ son, Nathan, and for failing to provide the Engens with informed consent, and that her negligence was a cause of Nathan’s death. The case was tried to a jury, which found Dr. Grelle negligent on both grounds, but also found that Dr. Grelle’s negligence was not a cause of Nathan’s death. The Engens appeal the jury’s no-causation verdicts and a court order denying their motions after verdict. The issues we address on appeal are: (1) whether the circuit court erred in denying the Engens’ motion to change the answers to Questions 2 and 6 on the special verdict concerning causation from “No” to “Yes,” on the ground that the no-causation findings were not supported by any credible evidence; and (2) whether the court erroneously exercised its discretion in denying the Engens’ motion for a new trial based on juror misconduct. We conclude, under the applicable standard of review, that there was credible evidence to support the jury’s no-causation findings. We also conclude that the trial court properly exercised its discretion in denying the Engens’ motion for a new trial on the basis of juror misconduct. Accordingly, we affirm. Not recommended for publication in the official reports.

2011AP1558 Engen v. Grelle, et al.

Dist IV, Dane County, Markson, J., Higginbotham, J.

Attorneys: For Appellant: Gardner, James W., Madison; Lenz, Daniel S., Madison; For Respondent: Kilpatrick, Steven C., Madison