COMMERCIAL BANK & TRUST COMPANY, ET AL.
CHILDREN'S ANESTHESIOLOGISTS, P.C., ET AL.
Session Date: May 23, 2017
from the Circuit Court for Knox County No. 3-740-14 Deborah
C. Stevens, Judge
Bank & Trust Company, Legal Guardian of the Estate of
Albert P. Mjekiqi, a Disabled Minor; Omer Mjekiqi and
Gabriela Mjekiqi, Individually and as Legal Guardians of the
Person of Albert P. Mjekiqi; and Volunteer State Health Plan,
Inc. (collectively "Plaintiffs") sued
Children's Anesthesiologists, P.C.; Heather D. Phillips,
D.O.; Kari L. Clinton; Neurosurgical Associates, P.C.; Lewis
W. Harris, M.D.; and East Tennessee Children's Hospital
Association, Inc. d/b/a East Tennessee Children's
Hospital alleging health care liability in connection with
surgery performed on Albert P. Mjekiqi ("Albert")
in May of 2011. After a trial, the Circuit Court for Knox
County ("the Trial Court") entered judgment on the
jury's verdict finding no liability on the part of the
defendants. Plaintiffs appeal to this Court raising issues
with regard to admission of evidence and jury instructions.
We discern no error, and we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed Case Remanded
W. Gilreath, Cary L. Bauer, and Joshua M. Dennis, Knoxville,
Tennessee, for the appellants, Commercial Bank & Trust
Company, Legal Guardian of the Estate of Albert P. Mjekiqi, a
Disabled Minor; Omer Mjekiqi and Gabriela Mjekiqi,
Individually and as Legal Guardians of the Person of Albert
P. Mjekiqi; and Volunteer State Health Plan, Inc.
H. London, Jennifer Pearson Taylor, and J. Spencer Fair,
Knoxville, Tennessee, for the appellee, Children's
G. White, Wayne A. Kline, and Lyndsey L. Lee, Knoxville,
Tennessee, for the appellee, Neurosurgical Associates, P.C.
MICHAEL SWINEY, C.J., delivered the opinion of the court, in
which JOHN W. MCCLARTY and KENNY W. ARMSTRONG, JJ., joined.
MICHAEL SWINEY, CHIEF JUDGE
Albert was one year old he had a hemispherectomy which
removed a portion of his brain. Albert had a shunt implanted
to drain cerebrospinal fluid in his brain, and over the years
had undergone at least one shunt revision procedure. At the
time of the surgery that gave rise to this suit, Albert was
an eight year old who had leftside weakness, but he was able
to sit, stand, and walk. In May of 2011, after presenting to
the emergency room with complaints of headaches and vomiting,
and undergoing testing, Albert was admitted to East Tennessee
Children's Hospital where he underwent surgery for a
shunt revision. Albert was no longer able to walk
post-surgery and instead was wheelchair-bound.
Plaintiffs sued alleging health care
liability. The case was tried before a jury during a two week
period in February and March of 2016. After trial, the jury
returned its verdict finding no liability on the part of the
defendants. The Trial Court entered judgment upon the
jury's verdict on March 8, 2016. Plaintiffs filed a
motion for new trial, which the Trial Court denied.
Plaintiffs appeal to this Court.
not stated exactly as such, Plaintiffs raise four issues on
appeal: 1) whether the Trial Court erred in allowing
testimony that implied that Albert's parents came to this
country as refugees; 2) whether the Trial Court erred in not
allowing exhibit number 102 to be taken to the jury room; 3)
whether the Trial Court erred in refusing to grant the motion
for new trial when the defendants allegedly failed to offer
evidence of the standard of care; and 4) whether the Trial
Court erred in charging the jury with an 'error in
Supreme Court has instructed:
An appellate court shall only set aside findings of fact by a
jury in a civil matter if there is no material evidence to
support the jury's verdict. Tenn. R. App. P. 13(d);
Whaley v. Perkins, 197 S.W.3d 665, 671 (Tenn. 2006).
In determining whether there is material evidence to support
a verdict, we shall: "(1) take the strongest legitimate
view of all the evidence in favor of the verdict; (2) assume
the truth of all evidence that supports the verdict; (3)
allow all reasonable inferences to sustain the verdict; and
(4) discard all [countervailing] evidence." Barnes
v. Goodyear Tire & Rubber Co., 48 S.W.3d 698, 704
(Tenn. 2000) (citing Crabtree Masonry Co. v. C & R
Constr., Inc., 575 S.W.2d 4, 5 (Tenn. 1978)).
"Appellate courts shall neither reweigh the evidence nor
decide where the preponderance of the evidence lies."
Barnes, 48 S.W.3d at 704. If there is any ...