Turner v. Ostrowe

Mary Ann Turner (plaintiff) sued her ex-husband, Dr. Alan Ostrowe (defendant), seeking damages for emotional and physical injuries that Turner allegedly suffered from a female-genital-mutilation procedure performed in 1972 without Turner’s knowledge or consent. Turner asserted that Ostrowe conspired with Dr. Anthony Leggio to perform the procedure in conjunction with a posterior-repair surgery that Turner knowingly underwent after childbirth. Ostrowe contended that Turner knew about and consented to the procedure. At a bench trial in 2001, the court heard testimony from Dr. Karl Pizzolatto, who had assisted Leggio in performing the 1972 procedure. Pizzolatto testified that after Leggio described the procedure to Pizzolatto, Pizzolatto asked Leggio why Leggio was performing the procedure. According to Pizzolatto, Leggio said that he was performing the procedure as a favor to Ostrowe and that Turner was unaware of the procedure. Although Ostrowe objected to Pizzolatto’s testimony as hearsay, Ostrowe’s counsel asked Pizzolatto on cross-examination if Pizzolatto had any evidence that Leggio kept the procedure a secret from Turner. Pizzolatto answered yes and testified that Leggio told Pizzolatto that Ostrowe said he wanted Leggio to perform the procedure to increase Turner’s sexual response, but that Turner did not know about the procedure. The trial court also heard testimony from Ostrowe indicating that Ostrowe read about the procedure, spoke to Leggio about performing the procedure on Turner, gave Turner sedatives before and after the operation, and was in the operating room during the procedure. The consent form signed by Turner did not mention the procedure. The trial court ultimately found for Turner and awarded her $35,000 in damages. Both parties appealed to the Louisiana Court of Appeal. On appeal, Turner challenged the low damages award, and Ostrowe challenged the trial court’s findings and evidentiary rulings.