Parrish v. JonesAnnotate this Case
Appellee, the administrator of the estate of Karen Parrish, filed wrongful-death and survival action arising from the allegedly negligent care and death of Parrish. The case proceeded to a jury. At the close of Appellee's opening statements, Appellants moved for directed verdict, asserting that Appellee had failed to meet the burden of establishing a case of medical malpractice against them because Appellee had failed to set forth in his opening statement a standard of care and causation. The trial court granted the motion for directed verdict and entered judgment in favor of Appellants. The court of appeals reversed, concluding that the trial court was required to consider both the opening statement and the complaint before determining whether a directed verdict was appropriate. The Supreme Court affirmed but on different grounds, holding that a trial court is not required to consider allegations contained in the pleadings when ruling on a motion for directed verdict made on the opening statement of an opponent, but the trial court may consult the pleadings in liberally construing the opening statement in favor of the party against whom the motion is made. Remanded.