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Moore v. Singh

The trial court erred in granting the defendants' motion for a directed verdict in a medical malpractice action, as the plaintiff presented expert testimony creating issues for determination by a jury.

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This appeal arises from the grant of a motion for directed verdict in favor of Sonu G. Singh, M. D., and Peach State Nephrology, Inc., in a medical malpractice action filed by Herbert Moore, individually and as the administrator of the Estate of Rosemary Moore. For the reasons that follow, we reverse.

A directed verdict is authorized only when there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. A grant of directed verdict is a ruling that the evidence and all reasonable deductions therefrom demand a particular verdict. It is illogical to say such a finding will be upheld if there is any evidence to support it. A grant of directed verdict can be upheld only where we determine that all the evidence demands that verdict. This requires a de novo review. . . . It is correct to say that a directed verdict cannot be granted if there is any evidence to support a contrary verdict, but there cannot be “some evidence” that all the evidence demands a particular verdict.1

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