Mandatory Civil Arbitration
SUCCESS STORY

Punitive Damages Denied for Improper Filing

SFE Attorney: Steve Rasmussen

Claims Alleged: Medical Malpractice

Amount Claimed: $1,500,000 in Punitive Damages

The Overview

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.

The Outcome

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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