Magno

MEMORANDUM **

Defendant-Appellant Joanna H. Magno, M.D. (“Dr.Magno”), appeals from the dis *813 trict court’s grant of judgment as a matter of law (“JMOL”) pursuant to Rule 50(a) of the Federal Rules of Civil Procedure in favor of cross-claim defendant John P. Cal-lan, M.D. (“Dr.Callan”), and the entry of a judgment awarding damages to Joseph and Lila Bynum (collectively “the By-nums”). We reverse the JMOL because the record shows that sufficient evidence was presented at trial to support a finding that Joseph Bynum (“Mr.Bynum”) was injured as the result of Dr. Callan’s negligence. We also reverse the award of damages to the Bynums because the striking of Dr. Callan’s name from the special verdict form denied Dr. Magno a fair trial on the issue of her liability for damages. The pertinent facts and procedural posture of this case are known to the parties. Therefore, we proceed directly to the issues presented in this appeal.

I.

Dr. Magno contends that the district court erred in granting the Bynums’ motion for a JMOL regarding her cross-claim against Dr. Callan because there was sufficient evidence of Dr. Callan’s negligence to submit the question to the jury. A grant of a…