DAVIS v. OMITOWOJU

Nos. 88-3754, 88-3802.

883 F.2d 1155 (1989)

Theresa DAVIS, Appellee, v. Dr. Akin OMITOWOJU, Appellant. Theresa DAVIS, Appellant, v. Dr. Akin OMITOWOJU, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 16, 1989.


Attorney(s) appearing for the Case

R. Eric Moore (argued), Christiansted, St. Croix, U.S. V.I. for Dr. Akin Omitowoju, appellant/cross-appellee.

George Marshall Miller (argued), St. Thomas, U.S. V.I. for Theresa Davis, appellee/cross-appellant.

Before HUTCHINSON, COWEN, and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal and cross appeal present us with a relatively new issue involving the applicability of the Seventh Amendment to a medical malpractice liability cap.

The plaintiff, Theresa Davis, ("Davis") obtained a jury verdict in her favor and against Doctor Akin Omitowoju ("Doctor") in the sum of $640,000. The Virgin Islands legislature in 1975 capped medical malpractice...

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