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Flournoy v. Goble

The verdict awarding the plaintiff damages for personal injuries in a medical negligence action was inconsistent with the verdict denying her husband damages for loss of consortium.

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Tabatha Goble sued Dr. Henry Flournoy for medical negligence, claiming that she suffered severe injuries because he perforated her small bowel during a diagnostic laparoscopic surgical procedure and failed or refused to acknowledge that the problems she experienced after surgery could have been caused by a bowel injury. Her husband, Claude Goble, sued Flournoy for loss of consortium. The jury awarded Tabatha Goble $150,000 for her injuries, but awarded Claude Goble nothing. Flournoy appeals in Case No. A02A0436, claiming that the trial court abused its discretion by excluding from evidence the consent form Tabatha Goble signed prior to the surgery and by failing to give several jury charges he requested. We find no merit in Flournoy’s claims and affirm the judgment against him. Claude Goble appeals in Case No. A02A0437, claiming that the trial court erred by entering a judgment awarding no loss of consortium damages despite the jury’s award of personal injury damages to his wife. We agree and reverse and remand for a new trial on the issue of damages only.

On February 8, 1994, Flournoy performed a diagnostic laparoscopy on Tabatha Goble to determine the cause of pelvic pain. She was discharged that day and was told that she should be able to return to work in two or three days. Flournoy did not realize that during the procedure, he had perforated or injured Goble’s bowel with an instrument called a trocar, which he had inserted into her abdomen.

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