John P. Daly (Miami, FL) (Negligence) obtained a Directed Verdict on behalf of Clinica Las Mercedes in a personal injury lawsuit presenting several theories of recovery, including negligence and battery. The suit was brought by a 72-year-old former Clinic patient. The jury trial was held in Miami-Dade, Florida before Judge David Miller.
For five years, Plaintiff had visited the Clinic nearly every day, mostly to engage in the games and activities the Clinic offered its elderly patients. The Clinic provided bus transportation for its patients through a sister corporation, Clinica Las Mercedes Transportation.
On the day of the subject incident, Plaintiff attempted to report a Clinic bus driver for rude and unprofessional conduct. In response, the bus driver allegedly attacked Plaintiff, and in the ensuing altercation, Plaintiff’s shoulder was dislocated. The Plaintiff underwent aggressive treatment, including surgery, and his medical bills were over $100,000.
The defense argued that Plaintiff had been the aggressor. The defense presented evidence demonstrating that Plaintiff had a long history of mental illness and argued that the altercation with the bus driver resulted from Plaintiff’s psychotic break.
After Plaintiff rested, the defense made several directed verdict motions, primarily centering on whether the Clinic had been vicariously liable for the driver’s alleged attack. (Plaintiff had earlier alleged negligent hiring and retention and premises liability theories, but these were dropped before trial.) Ultimately, Judge Miller determined as a matter of law that the driver had not been within the course and scope of employment with the Clinic and directed a verdict in the Clinic’s favor.
Plaintiff’s offer before trial was $200,000, and Defendant’s last offer was $20,000.