Smith v. Parker

Summary

Medical malpractice jury trial involving a baby who suffered a brachial plexus injury, allegedly as a result of a vacuum-assisted vaginal delivery without complications.

The jury found in favor of the defendant.

Outcome

Verdict for the defense

Case Information

Attorneys

Witnesses

Plaintiff: Smith,
Parker, John
Defense: Parker, John

Judge: Clayton Simmons
Jurisdiction: 18th Judicial District of Florida
Court: Seminole County Courthouse

Case Number: 1998CA001990
Industry: Health care
Practice Area: Malpractice, Negligence, Tort Law

Plaintiff

Smith,

Represented By:
Madden, Tricia (Madden, Tricia A Law Offices of)

Plaintiff

Parker, John

Represented By:
Dukes, Thomas (McEwan, Martinez, Dukes & Hall, P.A.)
Osborne, Ruth (McEwan, Martinez, Dukes & Hall, P.A.)

Defense

Parker, John

Represented By:
Dukes, Thomas (McEwan, Martinez, Dukes & Hall, P.A.)
Osborne, Ruth (McEwan, Martinez, Dukes & Hall, P.A.)

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Openings

7 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Opening Statement	Dukes, Thomas
00:35:20	General Case Activities
00:39:15	Witness Direct Examination	Osborne, Ruth	Burr, Kathlene	Transcript Reading
01:10:05	General Case Activities
01:12:13	Witness Direct Examination	Madden, Tricia	Elberg, Dr. Stuart	In Person
02:14:35	General Case Activities
02:15:22	End of Session

PM Session

Plaintiff Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Madden, Tricia	Elberg, Dr. Stuart	In Person
00:18:29	Witness Cross Examination	Dukes, Thomas	Elberg, Dr. Stuart	In Person
01:00:42	Witness Re-Direct Examination	Madden, Tricia	Elberg, Dr. Stuart	In Person
01:02:38	General Case Activities
01:06:04	Witness Direct Examination	Madden, Tricia	Gilmore, Tiffany	In Person
01:18:40	Break
01:20:05	Witness Direct Examination	Madden, Tricia	Gilmore, Tiffany	In Person
01:21:32	Witness Cross Examination		Gilmore, Tiffany	In Person
01:40:22	Witness Direct Examination	Madden, Tricia	Smith, Ryan	In Person
01:45:51	Witness Cross Examination	Dukes, Thomas	Smith, Ryan	In Person
01:56:35	Witness Direct Examination	Madden, Tricia	Smith, Davante	In Person
01:59:50	General Case Activities
02:01:30	End of Session

DEC

AM Session

Defense Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination		Pooler, Alice	In Person
00:33:40	Witness Cross Examination	Madden, Tricia	Pooler, Alice	In Person
00:36:15	Witness Direct Examination	Dukes, Thomas	Parker, John	In Person
01:43:10	General Case Activities
01:44:25	Witness Cross Examination	Madden, Tricia	Parker, John	In Person
02:28:40	Witness Re-Direct Examination	Dukes, Thomas	Parker, John	In Person
02:32:50	General Case Activities
02:34:11	End of Session

DEC

AM Session

Other

13 Chapters

DEC

Recording Disclaimer: This proceeding was recorded in full.

Smith v. Parker

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:13	Witness Direct Examination	Dukes, Thomas	Garman, Dr. Robert	In Person
00:55:30	Witness Cross Examination	Madden, Tricia	Garman, Dr. Robert	In Person
00:59:52	Witness Re-Direct Examination	Dukes, Thomas	Garman, Dr. Robert	In Person
01:01:40	General Case Activities
01:03:08	General Case Activities
01:12:00	Closing Statement	Madden, Tricia
01:42:45	Closing Statement	Dukes, Thomas
02:06:08	Closing Statement	Madden, Tricia
02:18:40	General Case Activities
02:20:54	Reading of the Verdict
02:22:00	General Case Activities
02:23:29	End of Session