16-year legal battle finally settled in Marie Viola case
The case was heading toward another trial when
Rosen described the case as "tortuously long," owing to a trial concerning the core contention -- that gynecologist Dr.
"They're a very good family and very appreciative that we got a good result," Rosen said.
A
The Violas sued
The Violas were awarded delay damages that upped the total award to
Further discussions resulted in
As part of the continued proceedings, the plaintiffs asked Reed to recuse himself, arguing, among other things, that he had been too close to
Reed said the plaintiffs forgot about his advocacy work for clients with beefs against the hospital and his presiding over malpractice trials that also went against the hospital, but it was the plaintiffs delving into other matters, including Reed's parents' professional and volunteer service, that seemed to get him. In a
"(A)ttacks upon the integrity of this judge, particularly involving the personal life of the judge and his family, can have no other effect than alienate this judge against plaintiffs' cause, and unfortunately by extension against plaintiffs themselves," Reed said.
Reed recused himself, which would have resulted in the assignment of a new judge if the mediation had not been successful.
Rosen said he had never filed a motion for recusal before and but felt he was "legally obligated to do" so.
"It wasn't done to anger
Rosen said the quality of the judges who presided over the different aspects of the case were "extraordinary."
Viola retired from the insurance business eight years ago and has moved from
Viola is happy with the conclusion of the case, but called it "bittersweet" because he lost his wife during the proceedings, Rosen said.
"He's a good man living his life," Rosen said. "He still works hard."
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