INSURANCE: Property damage to YMCA caused by employee’s meth “drug den” covered by commercial policy with ambiguous or undefined pollution/criminal act exclusions and vandalism/smoke exceptions… Molloy. [Read more…]
Medical malpractice, non-surgical spine expert
MEDICAL MALPRACTICE: Non-surgical spine physician not qualified to opine about standard for spinal fusions. . . Souza affirmed. [Read more…]
Podiatrist malpractice, defense verdict
PODIATRIST MALPRACTICE: Any error in not instructing on loss of chance was harmless as jury found no negligence, did not consider causation. . . no abuse of discretion in prohibiting Plaintiffs from asking treating physician if Defendant breached standard or by limiting impeachment on redirect (offer of proof following verdict is too late). . . new trial properly denied based on Defense counsel’s alleged misconduct including inappropriate sarcasm. . . defense verdict affirmed. . . Krueger affirmed. [Read more…]
Supervisory control, slip & fall expert disclosure
SUPERVISORY CONTROL of Hayworth denied as to reopening discovery in slip & fall case on expert disclosure issue. [Read more…]
Defense verdict, podiatrist, foot cancer death
VERDICT: Defense, podiatrist malpractice, cancer death, delayed diagnosis of foot cyst. [Read more…]