Biundo v. Bolton

Plaintiff's daughter died at age 17 from a heroin overdose, the day after she was treated for a prior heroin overdose and discharged from Defendant hospital's ER. Jury verdict for Defendants. Plaintiff's case was not unfairly prejudiced when court barred Plaintiff's expert from testifying that decedent was not medically cleared for discharged. Plaintiff's expert used interchangeably the terms "stability" and "clearance." Plaintiff was not prevented exploring a lack of medical stability as an alternative theory of the case. Court properly denied Plaintiff's motion for judgment notwithstanding the verdict or for new trial. (HOWSE and ELLIS, concurring.)