Oral Arguments before the Intermediate Court of Appeals
NO. 28084 – Thursday, June 26, 2008 – 9:00 a.m.
DAPHNE E. BARBEE; FINN T. BARBEE; and RUSTAM A. BARBEE, Plaintiffs-Appellants, vs. THE QUEEN’S MEDICAL CENTER; WILLIAM YARBOROUGH, M.D.; Defendants-Appellees, and BARAK YOUNOSZAI, D.O.; DOE DEFENDANTS 1-10, Defendants.
Attorney for Plaintiffs-Appellants
Andre’ S. Wooten
Attorneys for Defendant-Appellee, The Queen’s Medical Center
Richard J. Kowen and Jan M. Vernon (Alston Hunt Floyd & Ing)
Attorneys for Defendant-Appellee, William Yarbrough, M.D.
Thomas E. Cook and Bradford F.K. Bliss (Lyons, Brandt, Cook & Hiramatsu)
COURT: Recktenwald, CJ; Watanabe and Fujise, JJ.
NOTE: Order granting Motion for Continuance of Oral Argument, filed 5/22/08. The above case was previously set for argument on Monday, June 9, 2008 at 9:00 a.m.
Plaintiffs sued the Queen’s Medical Center and Dr. William Yarbrough (Defendants) alleging that Defendants were negligent in, among other things, performing a laparoscopic nephrectomy on Plaintiffs’ father and providing post-operative monitoring to Plaintiffs’ father, causing their father’s death eighteen months later. A jury found Defendants negligent and awarded damages to Plaintiffs. The circuit court then granted Defendants’ motions for judgment as a matter of law and entered judgment against Plaintiffs. On appeal, Plaintiffs argue that the circuit court erred in: 1) granting the motions because the jury verdict was supported by sufficient evidence; 2) precluding Plaintiffs’ expert from testifying as to cause of death and shortened life span; 3) limiting Plaintiffs’ expert’s testimony to 45 minutes; and 4) precluding the decedent’s treating physician from testifying as to cause of death.