Ramirez v. Carobene

Defendants appealed from a judgment in favor of the plaintiff in a wrongful death lawsuit alleging medical malpractice. Plaintiff alleged in the complaint the decedent died of respiratory failure caused by the negligent prescription of narcotic medication despite evidence of drug abuse and drug-seeking behavior. Defendants argued that the trial court erred in denying their JNOV motion in which they argued that the evidence did not establish that the defendant doctor’s actions were a proximate cause of the decedent’s death and that the assessment of pre-judgment interest was unconstitutional. The appellate court found no merit in either argument and affirmed. (LYLE and OCASIO, concurring)