The appellants appealed a trial judge's decision to invoke Rule 52.08 of the Rules of Civil Procedure to overturn a jury's finding of negligence against the respondent doctor.
The jury had found that the respondent's delay in transferring the appellant to another facility caused his paraplegia.
The Court of Appeal upheld the trial judge's decision, finding that while the respondent breached the standard of care by delaying the transfer, the appellants failed to adduce any expert evidence proving that an earlier transfer would have resulted in a timely diagnosis and surgery to prevent the paralysis.
The appeal was dismissed.
