Dr. Fitchett

The applicant was seriously injured in a motor vehicle accident in Georgia and sought a determination that he sustained a catastrophic impairment under the Statutory Accident Benefits Schedule.

The parties' medical experts disagreed on the applicant's whole person impairment (WPI) rating, with the applicant's experts assessing it between 62% and 71%, and the insurer's experts assessing it between 48% and 51%.

The arbitrator preferred the evidence of the applicant's experts, finding that the applicant's physical and psychological impairments, when combined, exceeded the 55% threshold.

The arbitrator also found that the accident materially contributed to the applicant's impairments, including his atrial fibrillation and peripheral neuropathy, despite the insurer's arguments regarding pre-existing susceptibility.

The applicant was found to have sustained a catastrophic impairment.

Following a jury verdict in a medical negligence action, the plaintiffs moved for judgment in accordance with the verdict, while the defendant physicians sought dismissal of the action or a retrial on the basis that there was no evidence supporting causation.

The court reviewed the narrow circumstances under which a trial judge may refuse to enter judgment consistent with a jury’s verdict under the Courts of Justice Act and Rule 52.08 of the Rules of Civil Procedure.

The defendants argued the plaintiffs failed to establish a key link in the causal chain regarding whether mechanical cardiac support could have been obtained within a limited treatment window.

The court found there was some evidence from expert testimony and surrounding facts permitting the jury to infer that appropriate mechanical assistance could have been obtained through inter‑hospital transfer.

Because the verdict was supported by some evidence and the jury’s answers could sustain judgment, the court entered judgment in accordance with the jury’s verdict.