Appeals Trial Successes
Defense Verdict in Massachusetts Wrongful Death Case
FMG partners Michael J. Griffin and Richard L. Nahigian recently won a medical malpractice wrongful death case filed by the estate of a nursing home resident. The plaintiff’s estate alleged that the 52 year-old wheelchair bound resident died after…
FMG partners Michael J. Griffin and Richard L. Nahigian recently won a medical malpractice wrongful death case filed by the estate of a nursing home resident. The plaintiff’s estate alleged that the 52 year-old wheelchair bound resident died after choking on a sandwich. The plaintiff alleged that nursing staff were negligent in failing to adhere to the resident’s diet orders, which included no bread or solid food and in failing to correctly and timely perform CPR after the resident became unresponsive in his wheelchair in front of the nurses’ station. At trial, FMG established through testimony of staff that the resident was not given a sandwich or bread and was provided his correct puree meal and that the staff provided immediate and appropriate CPR until first responders arrived on the scene. Through expert testimony, FMG rebutted hearsay statements in the medical records, including the death certificate, that the resident choked on a sandwich and established that the resident likely died from sudden cardiac death, which can occur due to a sudden arrhythmia and not from choking. In finding that the defendant nursing home was not negligent, the jury also rejected the estate’s assertion that the nursing staff improperly administered CPR.
Estate of Michael Johnston v. Spring Valley Nursing and Rehabilitation Center, Commonwealth of Massachusetts, Superior Court, Suffolk County, Civil Action No. 1884-CV-02016Co
More Successes
More Successes
Successful Jury Verdict in California Catastrophic Paraplegic Lawsuit
FMG partners Paul Bigley and Jason Dineros successfully defended an admitted liability, catastrophic, head-on, auto accident case involving a 20-year-old paraplegic in a jury trial in Alameda County, California. Plaintiff sustained a T12 burst fracture that necessitated emergency spinal…
Defense Verdict in California Fiduciary Trust Claim
FMG attorneys William Munoz and David Chang obtained a defense verdict for their clients, a real estate salesperson and real estate broker, in a jury trial in Los Angeles. The plaintiffs were the mother, father and two sons. The…
Jury Significantly Reduces Damages in California Trucking Trial
FMG attorney Sharon Collier parachuted into this case after the close of discovery and shortly before trial. The case involved an admitted liability and causation rear-end accident. The plaintiffs claimed significant orthopedic injuries, including a past thoracic…
Eleventh Circuit Affirms Summary Judgment in Property Loss Suit
FMG attorneys Phil Savrin and Bill Buechner secured summary judgment in favor of an insurance company that had been sued for millions of dollars in claimed property losses. The lawsuit was filed in 2019 and took several years to…
Complete Dismissal Obtained in Florida Workers’ Compensation Matter
FMG attorney Eric Eide, with support from Sarah Emrick, successfully defended a workers’ compensation claim seeking compensability, past hospital treatment, and past and future medical and mental health treatment resulting from a claimed accident with…
Favorable Jury Verdict in Colorado Trucking Case
FMG attorneys James Fairbanks and Jason Cooper secured a successful verdict on a damages trial for a nationwide trucking company. The plaintiff claimed extensive back injuries resulting from a major collision, even though he suffered from multiple degenerative conditions.…
FMG Attorney Dustin Karrison successfully defended a country club in a negligence suit in Maryland after the plaintiff slipped and fell on ice, causing him to sustain a significant ankle fracture that required two surgeries and sought…
Georgia Court of Appeals Victory
FMG attorneys Dana Maine, Kevin Stone and Katie Taylor obtained a win in the Georgia Court of Appeals in a tort and breach of contract case against a governmental entity and its development authority. The plaintiff, a subsidiary…
FMG attorneys Eric Eide and Sarah Emrick obtained a defense ruling in a workers’ compensation trial, representing a nationwide recreational and lease community provider. The claimant was a resort manager who alleged he was substantially injured when a minor…
Complete Dismissal Obtained in Workers Compensation Dispute in Florida
FMG attorneys Eric Eide and Sarah Emrick secured a dismissal of all claims asserted against their client for wage loss benefits arising out of an industrial accident. The claimant was a Training Coordinator who allegedly…
Defense Verdict in Florida Medical Malpractice Suit
FMG attorneys Eric Eide and Keegan Shelby obtained a defense verdict after a 7-day jury trial involving a medical malpractice and wrongful death lawsuit. The plaintiff asserted claims for negligence arising out of an allegedly missed bacterial meningitis diagnosis…
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The…