Zaw v. Birusingh
Zaw Zaw, Plaintiff-Appellee,
vs.
Kevin Birusingh, M.D., and The Iowa Clinic, P.C., Defendants-Appellants.
__________________________
Kevin Birusingh, M.D. and The Iowa Clinic, P.C., Third-Party Plaintiffs-Appellants,
vs.
Languagetech, Inc., Third-Party Defendant-Appellee
Attorney for Appellants
Stacie M. Codr and Jeffrey R. Kappelman
Attorney for Appellees
Marc S. Harding
Ben Novotny and Matthew Reilly
Attorney for Appellee Languagetech, Inc.
Michael J. Moreland
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. REVERSED AND REMANDED FOR NEW TRIAL. Heard by Tabor, P.J., and Greer and Badding, JJ. Opinion by Greer, J. (45 pages)
Dr. Kevin Birusingh and his employer, The Iowa Clinic, appeal from the judgment entered against them in a medical negligence case with claims of lack of informed consent and negligent communication. They appeal the denial of their motion for judgment notwithstanding verdict or, alternatively, their motion for new trial. The plaintiff, Zaw Zaw, asks that we affirm. Third-party defendant, LANGUAGEtech, Inc., asks that it be excluded from any new trial because a jury already found it was zero percent at fault. OPINION HOLDS: Because the negligent-communication claim should not have made it to the jury, we reverse the judgment against Dr. Birusingh and The Iowa Clinic. Zaw’s informed-consent claim remains viable, so we remand for new trial with all the parties on that claim.
