· 10/5/2022
Estate of Rodger Lynn Ross
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that physician’s scope of liability for birth injury was established as a matter of law and affirming judgment on jury verdict awarding damages to both parents and child
- affirming jury verdict awarding damages to parents for their baby’s brachial plexis injury and broken clavicle caused by physician’s negligence during delivery
- stating the court erred in instructing jury on causation under the “abandoned” Restatement (Second) standards rather than the scope-of-liability 5 Restatement (Third
- discussing the applicability of the Restatement (Third) of Torts in medical negligence cases
- overruled on other grounds by Alcala v. Marriott Int’l, Inc., 880 N.W.2d 699 (Iowa 2016) (“The . . . injury was established as a matter of law to be within [the defendant’s] scope of liability.”
- stating standard of review is abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.