Ravelo v. Brasfield & Gorrie
Congratulations Meredith Stephens for obtaining a voluntarily dismissal with prejudice in this premises liability action.
Plaintiff sued Brasfield & Gorrie claiming that he sustained injuries when he tripped over construction debris hanging over the edge of a curb. After the incident, plaintiff underwent a right shoulder arthroscopy and a left hip replacement. The defense filed a motion to dismiss with prejudice based upon plaintiff’s fraud on the court. The motion established that plaintiff provided false and misleading testimony on material issues related to the condition which allegedly caused his fall. Plaintiff testified that he took a photograph of the allegedly dangerous condition on the date of the incident. Evidence and expert testimony revealed that the photograph was taken 34 days after the incident. Defense argued that plaintiff provided this false testimony to deceive the court about the condition of the premises. Additionally, plaintiff testified that he had never undergone medical treatment to his right shoulder before the incident, but medical records showed that plaintiff underwent a previous right shoulder arthroscopy.
Seventeen days after the defense sent a § 57.105 letter to opposing counsel, plaintiff’s counsel filed a voluntary dismissal with prejudice, ending the litigation.
Verdict Date: March 13, 2017
Ferris v. Associated Family Medicine II, P.A.
Congratulations Skip Jewett and Jeremy Palma for obtaining a defense verdict for Associated Family Medicine in behalf of TDC in the Ferris trial The case focused on care rendered by Richard Shaffer, D.O.
Plaintiff claimed that Dr. Shaffer failed to consider a cardiac cause for the decedent’s complaints. The decedent related that he had been short of breath since being diagnosed with pneumonia. Plaintiff claimed that had Dr. Shaffer considered a cardiac cause for the complaints, an EKG could have been ordered which would have been abnormal and required referral. Plaintiff also claimed that Dr. Shaffer failed to obtain records from the prior primary care physician who had obtained of previously abnormal EKGs. The decedent had a heart attack two weeks after the office visit with Dr. Shaffer and two days after the final office visit with the prior PCP. The decedent ultimately had a heart transplant and died due to transplant rejection. Plaintiff claimed that had the decedent been stented at any time prior to the heart attack, the need for the transplant and death would have been avoided. The trial lasted seven days. In closing, Plaintiff requested $3,493,716 - $6,193,716 in total.
The jury deliberated 42 minutes before returning a defense verdict finding that there was no negligence on the part of Dr. Shaffer that was the legal cause of the death.
Verdict Date: February 07, 2017