Is a post-trial motion necessary to preserve the right to appeal any issue determined by the jury?
Collin Crim v. Gina Dietrich, 2020 IL 124318
Case SummaryPlaintiff, a minor, sustained a shoulder dystocia injury due in part to an alleged failure to obtain informed consent to perform a natural birth despite possible risks associated with the size of the baby. Plaintiff also alleged professional negligence during delivery that resulted in injury. The trial court granted a partial directed verdict in favor of defendant on the informed consent claim, for failure to present expert testimony that a reasonable patient would have pursued a different form of treatment. After a jury trial resulting in a verdict in favor of defendant, plaintiff filed a timely notice of appeal, but did not file any post-trial motions. On appeal, plaintiff challenged entry of the partial directed verdict, but not the jury's verdict. Plaintiff contended that expert testimony is not necessary and that the testimony of mother is sufficient to prove the lack of informed consent claim. In Crim I, the appellate court reversed and remanded to the trial court, but the parties could not agree on whether evidence of the negligent delivery could be presented to the jury on retrial.
The parties certified the...
