High Court Revives $27.6M Verdict for Promotional Video Injury
The state Supreme Court has revived a $27.6 million verdict awarded to a woman who had to undergo four additional surgeries after taping a promotional video to demonstrate the success of her initial double knee replacement surgery.
October 28, 2015 at 09:38 AM
6 minute read
The state Supreme Court has revived a $27.6 million verdict awarded to a woman who had to undergo four additional surgeries after taping a promotional video to demonstrate the success of her initial double knee-replacement surgery.
A deeply divided court ruled 3-2 Tuesday to reinstate the verdict for Margo Polett and her husband, finding the trial court properly barred a tolling agreement between the Poletts and Margo Polett's treating physician from the trial against the manufacturer of the synthetic knee and the communications company that produced the video.
The majority in Polett v. Public Communications also ruled the trial court properly allowed that treating physician to testify as an expert and properly offered a supplemental charge limiting the jury's ability to find something other than Polett's use of a stationary bike in the promotional video caused her injuries.
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