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SAVAGE v. THREE RIVERS MEDICAL CENTER

Nos. 2010-SC-000478-DG, 2011-SC-000348-DG.

390 S.W.3d 104 (2012)

Sophia SAVAGE and Darrell Savage, Appellants/Cross-Appellees v. THREE RIVERS MEDICAL CENTER, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

October 25, 2012.

Attorney(s) appearing for the Case

Harry Truman Chafin , Letitia Neese Chafin , The H. Truman Chafin Law Firm PLLC, Williamson, WV, Michael Todd Hogan , Hogan, Derifield & Perdue PLLC, Louisa, KY, Counsel for Appellants/Cross-Appellees.

William P. Swain , David Sean Ragland , Phillips, Parker, Orberson & Arnett, PLC, Louisville, KY, Counsel for Appellee/Cross-Appellant.

Kevin Crosby Burke , Louisville, KY, Counsel for Amicus Curiae.

Opinion of the Court by Justice VENTERS.

This case began when Appellants, Sophia Savage and Darrell Savage, brought an action in the Lawrence Circuit Court alleging medical malpractice in a 2001 surgical procedure. The first trial ended in a verdict favorable to Appellants. However, Appellee, Three Rivers Medical Center (Three Rivers), moved for judgment notwithstanding the verdict (JNOV) and, in the alternative, for a new trial. The trial court agreed that the first...

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