June 30, 2000
2000 Trial Results
6 Defense Verdicts
June 30, 2000
In this auto negligence case, a Louisville man rear-ended a woman at a stoplight. Though the cars suffered nearly invisible damage, the woman claimed the collision caused back trouble, for which she had to undergo disc surgery. As the man stipulated his fault, the Plaintiff sought over $900,000 in damages. In defense, Andrew Clooney pointed out that the woman had suffered from a prior disc injury, and that this injury, compounded with degenerative conditions, caused any purported back pain. Furthermore, the defense argued the collision was merely a tap, not powerful enough to cause injury. The Jefferson County jury needed just a little over an hour to find in favor of the defendant, awarding no damages.
May 22, 2000
While in the post-op unit, a patient experienced severe swelling which developed into a hematoma. A vascular surgeon was recruited to help out, but decided to act on the side of caution, doing nothing for fifteen minutes. The original surgeon arrived and immediately eased the swelling, but the woman lapsed into a coma, dying several months later. The Plaintiff accused the vascular surgeon of negligence, feeling that had the physician acted quicker, the extensive brain damage would have been prevented. The defense, led by Gerald Toner and Tracy Prewitt, likened the doctor to a volunteer who was summoned to the scene, a doctor who decided to first do no harm since he had a limited knowledge of the patient’s condition. After just 45 minutes, the Jefferson County jury found all fault resting with the hospital and none with the doctor.
May 14, 2000
Andrew Clooney successfully defended a Carrollton ski facility from charges of negligent maintenance after a man slipped on an icy spot, shattering his tailbone. The defense argued there was no deviation of care, noting that ice on ski slopes is not particularly rare. The Carroll County court granted a directed verdict for the defendant following this reasoning.
May 11, 2000
An Anderson County jury found in favor of a Lawrenceburg charity club after a man broke his leg at the club’s charity haunted house. The grand finale of the haunted house featured an unexpected narrow chute opening, plummeting visitors down a fifty-foot slide. The man didn’t particularly enjoy this ride, as he broke his leg on the descent. The Plaintiff alleged the club neglected to construct a reasonably safe haunted house. In defense, Christopher O’Bryan successfully argued that the man was liable because he did not keep his legs together while sitting as instructed.
March 28, 2000
Donald Brown successfully defended a Louisville orthopedist from charges of using improper technique while removing leftover surgical hardware from a patient’s hip. While extracting the compression screw, the surgeon fractured the patient’s proximal femur. Two more surgeries were required to remedy the complication, and the patient is now left with one leg shorter than the other. The Plaintiff sought over $350,000 in damages, claiming that if the doctor had used the proper technique, these problems would have been prevented. The defense counter-argued that the removal technique was proper and that the bone in question is prone to fracture. Furthermore, the Plaintiff’s prior leg injuries rendered the unfortunate complication more likely. The Jefferson County jury concurred, awarding the Plaintiff nothing.
February 4, 2000
A Jefferson County jury found in favor of a Louisville chiropractor after a patient alleged the chiropractor broke her hip during a lumbar readjustment. After this incident, the woman reported to the ER, where it was found she had a broken femur near her hip. Four operations and a total hip replacement later, the Plaintiff asked for over 1.95 million dollars, accusing the chiropractor of using an improper side posture during the realignment. James Grohmann represented the chiropractor and successfully argued that if indeed the hip was broken during the adjustment, the woman would not have been able to walk to her car as she claimed she did. Moreover, the force exerted during the procedure was insufficient to break the hip.