In 1996, the case went to trial before a jury. State District Judge Bob Downing said the testimony bordered on revealing accusations of adultery that both sides had ruled off limits before the trial began. The case was tried again this year solely before a judge. He also said a doctor's handwritten notes of a telephone conversation with another doctor who treated Turner indicate she didn't learn about the procedure for the first time in 1988. However, those notes are inadmissible because of hearsay rules, Perry said.
Hearsay is evidence that is based on what another person has told a witness.
Experts testified that Turner's hospital record showed she was given high doses of medication, Perry said. They also testified that the consent form was suspect, he said in his ruling. The ruling concludes by saying some people might feel a higher award is justifiable under the circumstances. But he added that he is concerned about the implications of the couple's divorce and Turner's motives in the case. Attorneys for Turner and Ostrowe couldn't be reached for comment late Monday.