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
Double Win in Colorado Court of Appeals Limiting Expanded Broker Liability
Two companion Colorado Court of Appeals decisions delivered appellate wins for FMG’s insurance broker clients, affirming summary judgment and reinforcing key limits on broker liability. In Mayfield v. DeLaCroix, the Court held that an agent owes no…
Georgia Court of Appeals Affirms Summary Judgment in Wrongful Death Case
FMG attorney Elissa Haynes secured an appellate victory in the Georgia Court of Appeals, which unanimously affirmed summary judgment in a wrongful death action arising from a fatal fall at an electrical battery plant. The Court…
Defense Verdict in Wrongful Death Trial for Assisted Living Facility in Ohio
FMG attorneys Lisa Gentile and Julia Ray obtained a defense verdict in a wrongful death trial on behalf of an assisted living facility. Plaintiff made a pre-suit settlement demand of $1.5 million and asked the…
Defense Verdict in Week‑Long Nursing Home Wrongful Death Trial in Ohio
FMG Attorneys Kevin Norchi and Amy Baughman prevailed on all claims in a week-long trial for a skilled nursing facility client and its corporate operator. The Plaintiff was an 81 year-old former resident at the…
Arbitration Victory in Employment Discrimination Case Against Luxury Hotel Group in New York
FMG attorneys Paul Piantino, Danielle Rudkin, and Kyle Hogan prevailed on all claims in a four-day arbitration for a luxury hotel group based in Manhattan, New York, along with their individually named employees. Claimant was…
Massachusetts Appeals Court Affirms Dismissal of Accounting-Malpractice Claims
FMG attorney Will Covino prevailed in the Massachusetts Appeals Court on behalf of a local accounting firm, defeating an accounting‑malpractice claim in which the plaintiffs sought millions of dollars in damages tied to purported below‑market valuations and…
Eleventh Circuit Court of Appeals Reverses Denial of Qualified Immunity
In a collaboration among FMG’s Labor & Employment, Government Law and Appellate Advocacy practice groups, attorneys Jack Hancock, John Bennett, Kirsten Daughdril and Michael Freed obtained a reversal of a federal district court’s ruling denying qualified immunity to a county commissioner.…
Georgia Court of Appeals Affirms Dismissal in Insurance Coverage Dispute
FMG attorneys Scott Anderson, Jacob Madsen and Cameron Regnery recently obtained a victory in the Court of Appeals of Georgia, receiving a judgment affirming dismissal of all claims against a Georgia insurance broker. The plaintiff, a commercial trucking company, alleged…
Eleventh Circuit Affirms Summary Judgment in Wrongful Death Action
FMG attorneys Sun Choy and Wes Jackson prevailed on all claims in wrongful death civil rights action on behalf of four deputies at a metro-area county jail. The plaintiffs claimed the four deputies failed to provide adequate medical care…
Defense Verdict in Pennsylvania Bench Trial
FMG attorney James Mathew received a defense verdict on behalf of Domino’s. The plaintiff alleged that a Domino’s delivery truck collided with his car, causing noticeable damages including scratches and dents. Testimony established that the plaintiff originally…
Defense Verdict in Case Alleging Race Discrimination and Retaliation
FMG attorney Jennifer Markowski obtained a defense verdict on behalf of a car dealership and its owners who were accused of creating a race-based hostile work environment and retaliating against the plaintiff, a salesperson, for complaining. The…
Defense Verdict in Defamation Case
After a weeklong jury trial, FMG attorneys Jennifer Markowski and Andrea Burke prevailed on all claims brought against their clients, a restaurant and its owner. The plaintiff was a former bar manager who alleged defamation and related tort claims…