Judge upholds jury’s verdict in OFC lawsuit
By Dan Nienaber, The Free Press, Mankato, Minn. | |
McClatchy-Tribune Information Services |
A jury in June had awarded Dr.
The verdict came after a six-day trial. Kearney had been seeking
Attorneys for the clinic filed a post-trial motion citing five reasons there should be a new trial. They were claiming the verdict was contrary to the law and not justified by the evidence, one of Kearney's attorneys made improper closing arguments, Kearney lied while testifying during the trial, Anderson didn't allow evidence that the clinic should have been allowed to present, and the combination of those things justified a new trial.
Anderson's order said the jury's verdict can be justified by "a reasonable theory of the evidence," so it could not be overturned. He also ruled there were no improper closing arguments, testimony by Kearney was not "clearly false," and his decision to not allow the clinic to use letters between Kearney's attorneys and an insurance company as evidence was valid. He also noted the clinic's attorneys didn't ask him to instruct the jury to ignore what they thought were improper closing arguments by Kearney's attorney.
"For all the reasons stated above, this court finds that a new trial based upon 'cumulative effects' is not sufficient for a new trial," Anderson's order said. "The court believes each ruling it made was appropriate, did not prejudice either party, and that the OFC was not deprived of a fair trial."
The motion by the clinic's attorneys also argued any attorneys' fees and other court costs awarded to Kearney should be offset by insurance payments Kearney received. Anderson's order said that decision can't be made until after he issues a judgment on those costs. That judgment can't be made until the costs are submitted by Kearney and his attorneys, the ruling said.
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