SFE Attorney: Steve Rasmussen
Claims Alleged: Medical Malpractice
Amount Claimed: $1,500,000 in Punitive Damages
In a medical malpractice lawsuit, plaintiff’s attorney filed a motion for punitive damages using a procedure that has long been accepted by judges, but is actually the incorrect way of doing it. Smith Freed Eberhard Partner Steve Rasmussen challenged the proceedings and requested that the judge deny the motion. The judge agreed with Steve and denied the request.
Ultimately, because the judge agreed with Steve’s position, a $1,500,000 punitive damages claim was thrown out of the case. In addition, since that information was barred from the case, the plaintiff was further prohibited from seeking discovery on a large amount of financial background information that he had initially sought as evidence to substantiate his punitive damages claim. As a result, defense attorneys now have a ruling to point to for future punitive damages claims that are improperly filed.
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