Kelly Neufville Obtained a Final Summary Judgment in a Medical Malpractice Claim for a Hospital

Kelly NeufvilleKelly Neufville recently obtained a Final Summary Judgment in a medical malpractice claim representing a Defendant hospital where the Plaintiff filed a medical malpractice Complaint alleging negligence against a radiologist, vicarious liability of the radiologist’s practice group, and further alleging vicarious liability against the Defendant hospital through theories of both actual agency and apparent agency. The Court heard arguments on the Defendant’s Motion for Summary Judgment and, after extended deliberation, ultimately agreed that the Plaintiff failed to meet the burden of establishing the elements of actual agency. As to apparent agency, the Plaintiff focused her argument on the potential for an exception to establishing the elements of apparent agency based on an emergent situation; however, the Court found that no record evidence existed that allowed the Plaintiff to believe the radiologist was an agent of or had authority to act for the hospital, nor that she justifiably relied upon that belief in accepting treatment. Defendant’s Motion for Summary Judgment was granted, and Final Summary Judgment was entered in favor of the Defendant hospital.

Louis La Cava and Andrew Hudson Obtained a Positive Result at Trial for a Case tried in Pinellas County

Andrew R. HudsonLouis J. La CavaLou La Cava and Andrew Hudson recently tried a case in Pinellas County in which, by the end of Plaintiff’s case, the Plaintiff dropped their demand to a number well below what the Defendants had offered prior to the start of trial. This case demonstrates the importance of a firm’s willingness to go to trial, even on a tough case with catastrophic damages. (loss of both arms and feet due to an infection). In this case, the defense was able to discredit plaintiff’s expert and client to the point that the plaintiffs’ attorneys became convinced they needed to settle the case for a number far below their demands before trial. The plaintiff, before trial, wanted many, many millions of dollars to settle the case. After the Plaintiff attorneys presented their case, which should have been their high point, the demands began to drop. Ultimately, they dropped their demand to a number even below what was offered before the trial began. While the clients were informed that we certainly anticipated a defense verdict, the clients felt it was best to avoid all risk and resolve the case in light of just how low Plaintiff’s demand had fallen. Therefore, the case resolved. As expected, when the jurors were released, they all said based on the evidence they had seen and heard, they all would have rendered a defense verdict. This was the case even though they had not even heard from the defense experts who would have reinforced the points the defense made during Plaintiff’s case. While we certainly would have been very happy to let this case go to a jury and notch another defense verdict for the firm, the clients’ decisions must always be respected and followed. The clients were extremely pleased with the result.