Verdicts & Settlements

PRA Appellate Attorneys Convince Appellate Division to Overturn Erroneous Jury Verdict

On the job, a 60+ year old husband and father fell from the top of a ladder, hitting his chest on the cement floor. The EMTs rushed the man to a level one trauma center believing him to be suffering from internal injuries. The hospital staff, however, opined that the man was not a trauma case and treated him as a normal ER patient. We all know that in the ER, it is often a hurry up and wait situation. Several hours after arriving at the ER, the injured man was still waiting for a CAT scan to be administered when he succumbed to his undiagnosed internal injuries suffered in the fall. The case, brought by the decedent’s loved ones, was tried by our personal injury attorneys to a jury against the hospital, and the doctors and nurses that were assigned to care for the injured man. The jury found against the family. On appeal, our specially trained appellate attorneys demonstrated through reference to the lengthy trial transcript and legal precedent that significant and material legal errors were made by the judge, and that it was those errors that caused the jury to erroneously find against the family. While it is only on rare occasions that the Appellate Division overturns a jury verdict, in this case our appellate attorneys convinced the Appellate Division that the mistakes made by the trial judge were very serious, serious enough that they caused the jury to make an unjust decision. The appellate court ordered a new trial. No new trial took place, however, because the Appellate Division ruling in favor of the family caused the defendants to settle the case.

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