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SDF Appellate Win – AL Supreme Court Grants Reversal & Remand

January 10, 2020 SDF Appellate Win – AL Supreme Court Grants Reversal & Remand

On Jan. 10, 2020, Sybil Newton, Joe Miller, and Billy Bates obtained from the Alabama Supreme Court a reversal and remand of a plaintiff’s verdict and judgment in a medical malpractice case.  In its opinion, the Alabama Supreme Court gave instructions to the trial court to enter Judgment as a Matter of Law in behalf of a defendant anesthesiologist due to the plaintiff’s failure to produce a qualified expert witness during trial.  The Court ruled that the defendant made appropriate and timely objection to the proffered expert’s qualifications, which the trial court should have sustained, and that the trial court should have granted Judgment as a Matter of Law on behalf of the defendant anesthesiologist.  The case was filed in 2008 and did not reach trial until February 2018.

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