Mistrial Declared in WA Elder Abuse Case
David Tift of Seattle defense firm Ryan Swanson and Cleveland
advises he was defending an elder abuse case on behalf of Evergreen in
Washington State last month. The case was Payne v Evergreen and was
plaintiff’d by Tom Hornbuckle, late of Texas.
After 4 weeks of trial, but before closinmg arguements,
Defendant requested a mistrial based on attorney misconduct which was
granted by the trial judge.
The Hornbuckles had continue to press questions (over 70 times)
during trial to witnesses, which had already been succesfully
blocked via legal objection by Mr. Tift. Defendant had also asked the
court for fees and costs. The court has approved Defendants motion
ordering the Hornbuckles to reimburse Defendant Evergreen $167,000 in
attorney fees and costs. Plaintiff can not retry case until costs and
fees have been paid.
Shared by: Jonathan Teague