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Latest Trials &
Appellate Decisions
Decision Date: 05/17/10
Case No: 08-CV-2516
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this case, the Corneille Law Group defended Harris Ace Hardware of
Beloit, Inc. and one of its employees in a lawsuit brought by a store
patron. The patron claimed that he suffered injuries to his right
shoulder, right arm, back and right hip after he was involved in an
altercation with an employee of Harris Ace Hardware. Defendants
vehemently denied these allegations, arguing that such an altercation
never took place and that plaintiff therefore suffered no injuries.
Prior to trial, the defendants moved for the dismissal of plaintiff’s
claim for medical expenses. This motion was granted. Consequently,
plaintiff was only permitted to seek compensation for his alleged pain
and suffering. In closing argument, plaintiff requested an award of
$10,000. After approximately ten minutes of deliberation, the jury
returned a unanimous verdict of no negligence on the part the employee
of Harris Ace Hardware. Plaintiff was therefore awarded nothing.
Decision Date: 03/11/10
Case Number: 07-CV-175
State of Wisconsin/ Circuit Court/ Brown County
Jury Trial
CLG was co-defense counsel in the successful defense of a physician in
a wrongful death medical negligence action. The patient appeared for
her annual OB/GYN examination at the office of the defendant, her
primary care provider. The patient testified during an evidentiary
deposition she had left breast abnormalities present on that date. The
history recorded in the chart stated that breast abnormalities had
existed prior to the patient visit, but had resolved by the day of the
exam. The physician conceded that if the breast abnormalities
described by the patient had been present at the time of the office
visit, the standard of care would have required an immediate referral
to a surgeon to evaluate the patient for the possibility of breast
cancer. The patient’s husband and numerous family members described
breast abnormalities both before and after the office visit. They,
along with the patient, testified that once the abnormality began, it
was present continuously. When the patient’s breast cancer was
diagnosed approximately 12 months later, it was resistant to all forms
of treatment. The patient argued that earlier diagnosis would have led
to a different outcome, and the defense asserted that the patient’s
aggressive cancer precluded a change in outcome with earlier
diagnosis. The plaintiff’s cancer eventually caused her demise. Her
husband sought damages in the amount of $350,000 for loss of society
and companionship and $1,000,000 in damages on behalf of the estate
for pre-death pain and suffering. The jury returned a verdict in favor
of the defense and awarded no damages.
Decision
Date: 02/24/10
Case No: 07-CV-664
State of Wisconsin/Circuit
Court/Sauk County
Jury Trial
In this case, the Corneille Law Group defended the
driver of a motor vehicle who collided with plaintiff’s vehicle
when pulling out of a gas station into traffic. Plaintiff
complained of continued pain as a result of injuries to her neck
and upper back. In closing argument, plaintiff requested an
award of $9,097 for medical expenses and $60,000 in pain and
suffering. The jury apportioned 25 percent of the liability to
plaintiff and awarded her $285 - the cost of her initial visit
to the emergency room. Plaintiff received no pain and suffering
award.
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