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Turpie v. Southwest Cardiology Associates2/6/1998
Opinion Number: 1998-NMCA-042
Filing Date: February 6, 1998
{1} Nancy Turpie, acting as the personal representative of the estate of Hugh Turpie, her deceased husband, and acting in her individual capacity, filed suit against the Defendants for personal injury and wrongful death. In her Second Amended Complaint, Turpie asserted causes of action for medical malpractice, loss of consortium, and for failure to provide sufficient information to Mr. or Mrs. Turpie concerning Mr. Turpie's condition and alternatives for his treatment. At the Conclusion of trial, the jury answered the following questions submitted to them on a special verdict form:
Question No. 1:
Was there any malpractice by Dr. Charles Karaian?
Answer: Yes (Yes or No)
If the answer to Question No. 1 is "No", you are not to answer Question Nos. 2 and 3 and should proceed to Question No. 4., If your answer to Question No. 1 is "Yes," you should answer Questions 2 and 3 and then proceed to Question No. 4.
Question No. 2:
Was any malpractice of Dr. Charles Karaian a proximate cause of Hugh Turpie's injury and death, and the damages to the Estate of Hugh Turpie?
Answer: No (Yes or No)
Question No. 3:
Was any malpractice of Dr. Charles Karaian a proximate cause of Nancy Turpie's injury and damages?
Answer: Yes (Yes or No)
Question No. 4:
Was there any malpractice by Dr. Robert DuBroff?
Answer: Yes (Yes or No)
If the answer to Question No. 4 is "No", you are not to answer question Nos. 5 and 6. If the answer to Question No. 4 is "Yes", you are to answer Question No. 5 and 6.
Question No. 5:
Was any malpractice of Dr. Robert DuBroff a proximate cause of Hugh Turpie's injury and death, and the damages to the Estate of Hugh Turpie?
Answer: No (Yes or No)
Question No. 6:
Was any malpractice of Dr. Robert DuBroff a proximate cause of Nancy Turpie's injury and damages?
Answer: Yes (Yes or No)
{2} The jury went on to award Mrs. Turpie $99,000 in damages for the injuries she suffered in her personal capacity.
{3} After the jury had been discharged, both parties moved the court for entry of judgment on the verdict. Mrs. Turpie requested judgment in the amount found in her favor by the jury. Defendants requested the court to enter judgment in their favor asserting that the jury verdict was fatally inconsistent in that the jury could not find in favor of Mrs. Turpie unless it found that Defendants' actions were a proximate cause of Mr. Turpie's death. The district court entered judgment in Defendants' favor.
(4} On appeal, Mrs. Turpie advances four theories of error by the trial court. First, she asserts that she can recover for her loss of consortium claim because Mr. Turpie's estate had a valid claim for relief, even if the estate was unable to recover damages on its claim. Second, Mrs. Turpie asserts that Defendant doctors had a duty to her, independent of any duty they might have had to her husband, to keep her informed of Mr. Turpie's condition and potential treatment alternatives. Third, Mrs. Turpie asserts that even if there are errors in the jury instructions, Defendants cannot rely on those errors for relief because they did not object to the instructions as given. Fourth, Mrs. Turpie asserts that, assuming there is an inconsistency in the jury verdict, the proper approach to resolution of the inconsistency is to grant a new trial rather than grant judgment for Defendants. Dealing with each argument in turn
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