James Carroll v. Carolyn Whitney
This medical malpractice case concerns the wrongful death of a minor, Jessieca Renee Carroll, brought by her parents, James and Forestine Carroll, against Carolyn Whitney, M.D., Grover W. Barnes, M.D., P.C., and Lebonheur Children’s Medical Center, Inc. The plaintiffs appealed the trial court's judgment on a jury verdict, challenging the apportionment of comparative fault to non-party resident physicians who were immune from tort suit under state law. The appellate court examined the applicability of Ridings v. Ralph M. Parson’s Co. and Snyder v. Ltg Lufttechnische GmbH, distinguishing between proximate cause and cause in fact in the context of immune parties. The court ultimately concluded that the trial court erred by instructing the jury to assess proximate or legal fault to immune non-parties. Therefore, the judgment was reversed and the case remanded for further proceedings.