Kos v. Muzykansky

Defendants appealed from a judgment entered against them after a jury trial in a wrongful death and survival action premised on medical malpractice. On appeal, defendants argued that the trial court erred in denying JNOV because the plaintiff did not establish proximate cause, that the trial court abused its discretion in denying defendants’ motion for a new trial because the verdict was contrary to the manifest weight of the evidence due to speculative causation testimony, and that the trial court abused its discretion in denying defendants’ motion for a new trial based on cumulative trial errors involving the admission of evidence, improper cross-examination, and the display of graphic photographs to the jury. The appellate court affirmed, finding that the trial court did not abuse its discretion or otherwise err when it denied defendant’s motions and in the admission of evidence during trial. (MIKVA and ODEN JOHNSON, concurring)