Wilkins Tiptons Carl Hagwood & Michael Phillips receive a Directed Verdict in AL LTC Wrongful Death Case
Carl Hagwood and Michael Phillips received a directed verdict from Alabama Circuit Court Judge Nicole Gordon Still after three days of testimony in a wrongful death case involving a nursing home in Birmingham.
In the complaint, it was alleged that Lillie B. Anderson died from an infected Stage IV bed sore. Through carefully drafted Motions in Limine, Mr. Hagwood and Mr. Phillips were able to have plaintiff experts, Dr. Kelly Johnson-Arbor and Suzanne Fredericks, limit their testimony to their disclosed opinions, thereby preventing them from offering new opinions during trial. This created a gap between the plaintiffâ€™s expertâ€™s opinions such that plaintiff was unable to prove a deviation from the Standard of Care that resulted in Ms. Andersonâ€™s death
Due to plaintiffâ€™s failure to prove her case, Judge Still ruled in favor of the defendant.
After the verdict was announced, the jurors were interviewed by legal counsel for both the plaintiff, William M. Acker of Birmingham, and the defendant. Despite the fact the defendant had not yet presented its case, all jurors unanimously agreed that the nursing home did nothing wrong. The plaintiff, Darlene Vail, even admitted Mr. Hagwood and Mr. Phillips convinced her that the nursing home had done nothing wrong.