Oral arg. – COA – March 23, 2016

At 10:00 the Court will hear UMMC v. Kim Harkins

Kimrick Smith was was stabbed on October 31, 2010.  He was admitted to UMMC for treatment and released on November 3, 2010. Smith died five days later on November 8 from complications caused by a small wound to his heart. According to UMMC “[t]he central medical issue in the case was whether the UMC trauma surgery service, exercising reasonable trauma surgery care, should have discovered the heart injury.”

UMMC argues  that the complaint, which was filed pro se, was filed two weeks after the SOL ran; that the plaintiffs cardiothoracic surgeon expert should not have been allowed to testify concerning the standard of care for a trauma surgery service; that the trial court’s findings supporting liability on the part of UMC were against the overwhelming weight of the evidence; and that the plaintiffs lost wages calculations as presented by her economics expert were not reliable and failed to establish the present net value of Kimrick Smith’s lost wages with reasonable certainty.

UMMC’s brief

Harkins’ brief

UMMC’s reply brief

Watch the argument here

At 1:00 the Court will hear Jose Serio v. Melissa Serio

The Serios were married in 1995, had two daughters, and separated in 2013.  He is a nurse practitioner.  She is an LPN.

Jose is appealing the division of marital property and the award of alimony

Jose’s brief

Melissa’s brief

Jose’s reply brief

Watch the argument here




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