Ornelas V. Fry

This appeal requires a determination of whether the mere allegation of a doctor's alcoholism, standing alone, creates a separate issue or claim of negligence in a malpractice action. This issue arises out of two consolidated medical malpractice actions filed by appellant Pamela Ornelas as the surviving spouse and personal representative of the estate of Robert Ornelas, and by appellant Evelyn Delores Ornelas, the sister of Robert Ornelas. The jury found in favor of the defendant-appellee, Dr. Phillip E. Fry; the appellants filed this appeal after the trial court denied their motion for a new trial based on alleged procedural, evidentiary and legal errors.