DeKalb County Courthouse, Decatur, Georgia. (Photo: John Disney/ALM) $17.3M: How a Plaintiff's Attorney Switched Tactics to Circumvent a Midtrial Apportionment Ruling
"It really put me in a situation tactically that i didn't necessarily think i would be in in the moment," said plaintiff's counsel Darren Penn. "If you're in an Alston & Bird v. Hatcher situation, think about how that might play out before you get [to trial.]"
February 14, 2024 at 05:42 PM
5 minute read
What You Need to Know
- The case had multiple defendants at the time it was filed but, after pending for a decade, only one remained at trial.
- As a result, the parties were divided over whether the jury should be allowed to apportion fault at trial.
- Ultimately, a midtrial decision on the matter called for a last-minute change in tactics for the plaintiffs to ultimately prove their case.
Darren Penn, William Ballard and Hannah Sbaity of the Penn Law Group recently secured a $17.3 million-medical malpractice verdict in the State Court of DeKalb County. Penn said the decadelong case was the oldest in his docket, resulting in a variety of unique challenges concerning the apportionment of fault and how different parties fit in, as all but one defendant settled, the remaining one retired and some experts died.
"It was hard-fought on both sides," said defense counsel Heather Miller of McGrew Miller Bomar & Bagley, who tried the case with co-counsel Wayne McGrew. Miller indicated that they "are currently exploring all post-trial motions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Related Stories
View AllYou Might Like
View All
Medical Student's Error Takes Center Stage in High Court 'Agency' Dispute
7 minute read
'Didn't Notice Patient Wasn't Breathing': $13.7M Verdict Against Anesthesiologists
12 minute read
Lawyers Outdo Themselves, Getting $50M After Court Vacates $10M Award
7 minute read
Bench Trial Results in Record-Setting $8.5M Federal Tort Claims Act Judgment
9 minute readTrending Stories
- 1Rejuvenation of a Sharp Employer Non-Compete Tool: Delaware Supreme Court Reinvigorates the Employee Choice Doctrine
- 2Mastering Litigation in New York’s Commercial Division Part V, Leave It to the Experts: Expert Discovery in the New York Commercial Division
- 3GOP-Led SEC Tightens Control Over Enforcement Investigations, Lawyers Say
- 4Transgender Care Fight Targets More Adults as Georgia, Other States Weigh Laws
- 5Roundup Special Master's Report Recommends Lead Counsel Get $0 in Common Benefit Fees
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
