This medical malpractice update by the national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is presented for informational purposes only and not as legal advice. The information in this blog is not intended to, and does not, create any attorney-client relationship with the reader nor anyone else.
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TRIAL JUDGE THROWS OUT DEFENSE JURY VERDICT IN DENTAL MALPRACTICE CASE DUE TO "CREEPY... STALKING" CONDUCT OF
INSURER'S LAWYER WATCHING THE TRIAL
[ Kelly Varano, as parent and natural guardian of infant JEREMY BOHN, vs. FORBA
Holdings, LLC n/k/a Church Street Health Management, LLC, ET AL., Index No. 2011-2128, RJI No. 33-11-1413, Supreme Court of the State of New York County of Onondaga ( November 18, 2013)]
New York state judge Deborah H. Karalunas has overturned a dental malpractice case due to the " creepy" and " stalking" conduct of lawyer Scott Greenspan, who was hired by a major professional liability insurance company to " follow trial developments" as a spectator in the case.
Judge Karalunas wrote in her order issued on Monday, November 18th, 2013 that Manhattan lawyer Scott Greenspan " violated the sanctity of the jury" by engaging in behavior described by a juror as "creepy", and at the very least came close to " stalking" the six jurors.
It is alleged that Greenspan's conduct included, among other behaviors during the 15-day trial,, trailing ("stalking") jurors during their lunch breaks , videotaping them outside of the courthouse, and even getting on the courthouse elevators with them.
" I have never seen an attorney go as far out of line as this lawyer did', said the judge, adding:
" To me it's dumbfounding."
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