RAY V. ANESTHESIA ASSOCIATES OF MOBILE, P.C., 674 SO.2D 525 (ALA. 1995)
Widow of patient who died while undergoing coronary bypass surgery brought wrongful death action against hospital, treating physician, nurse anesthetist, respiratory therapist, and health care corporation which provided anesthesia. After jury returned verdict which found against nurse, corporation, and physician and in favor of hospital and respiratory therapist and awarded damages of $1.75 million, the Mobile Circuit Court, No. CV-91-2042, Douglas 1. Johnstone, J., granted defendants' motion to reduce verdict to damages cap under Alabama Medical Liability Act. Widow appealed, and the Supreme Court held that trial court erred in reducing award as damages cap of Act violates right to trial by jury and right to equal protection of laws provided by State Constitution. Reversed and remanded.
