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MEDICAL MALPRACTICE Parents of boy injured at birth get $63M verdict A couple whose 6-year-old son sustained brain damage at birth was awarded $63 million by a Florida jury on Feb. 26. Bethesda Memorial Hospital referred Jennifer Korzeniowski to Dr. Atila Eagleman for prenatal care. Claiming her unborn son, Luke, would be too large for a normal delivery, Eagleman induced an early labor with a synthetic hormone. When this caused an elevated fetal heart rate, the doctor expedited delivery by using forceps to pull Luke through the birth canal by his head. The couple claimed that, based on where Luke’s head was in the canal, use of the forceps was wrong. Defendants Eagleman and the hospital argued that Luke’s current problems were caused by a congenital brain deformity. The defendants were found jointly and severally liable. Korzeniowski v. Bethesda Memorial Hospital, No. 502000CA004828 XXO NAO (Palm Beach Co., Fla., Cir. Ct.). PLAINTIFFS’ ATTORNEYS: Christian D. Searcy Sr. and David White, Searcy Denney Scarola Barnhart & Shipley, West Palm Beach, Fla. DEFENSE ATTORNEYS: Paul Buschmann, Michaud, Buschmann, Mittelmark, Millian, Blitz, Warren & Coel, Boca Raton, Fla.; Barbara W. Sonneborn and Michael Smith, Sonneborn Rutter Cooney & Klingensmith, West Palm Beach MOTOR VEHICLE State liable for death of driver crushed by truck The parents of a college honors student killed when a truck rolled onto her car were awarded more than $2 million by a California jury on March 10. The driver of a 12-ton cement mixer truck, owned and operated by Superior Supplies Inc. of Santa Rosa, Calif., lost control when he drove onto a highway shoulder and encountered an 18-inch dropoff. He swerved back onto the road, crossed a double yellow line and rolled over onto a car being driven by Amanda Sheehan, 19. Marianne and Robert Sheehan sued Superior Supplies for negligence and the state of California Department of Transportation (DOT) for maintaining the shoulder of the road in a dangerous condition. Superior Supplies contended that its driver acted appropriately. The DOT contended that the road was not dangerous. The DOT was found 80% liable and Superior Supplies was found 20% liable. Sheehan v. California, No. SCV226627 (Sonoma Co., Calif., Super. Ct.). PLAINTIFFS’ ATTORNEY: David B. Baum, Baum & Blake, San Francisco DEFENSE ATTORNEYS: Malcolm Barrack, Tarkington O’Neill Barrack & Chong, Santa Rosa, Calif.; Cynthia C. Fritz, Department of Transportation legal division, San Francisco; Jennifer A. Moss, state of California legal division, San Francisco NEGLIGENCE Web site settles suit by stalker victim’s estate The estate of a New Hampshire woman slain by a stalker settled its claim against the Internet information business that gave the killer her whereabouts, on Feb. 24. Amy Boyer, 20, was killed by Liam Youens as she was leaving her workplace. Youens had allegedly obtained personal information about her-including her work address-from Docusearch, an online company that provides background information on people. In a New Hampshire federal court, Boyer’s estate sued the Web site, its owners and a contract employee who allegedly made a fraudulent phone call to get the work address, claiming that Boyer’s privacy rights had been violated. The defendants countered that the information sought by Youens was public and that it had no duty to do customer background checks. They settled for $85,000. All but $5,000 was paid by the site. Estate of Boyer v. Docusearch Inc., No. C-00-211-B (D.N.H.). PLAINTIFFS’ ATTORNEYS: David M. Gottesman, Gottesman & Hollis, Nashua, N.H. DEFENSE ATTORNEYS: Andrew Schulman, Dona Feeney, Getman Stacey, Tamposi, Schulthess & Steere, Bedford, N.H.; Carol Hess, Hess & Frass, Bow, N.H.; Michael Iacopino, Brennan, Caron, Lenehan & Iacopino, Manchester, N.H. RAILROAD Machinist’s estate settles wrongful death suit The estate of a 36-year-old man who died in a railroad shop accident settled a wrongful death claim against his employer for $5.5 million on March 10. Jeffrey Pieger, an employee of New York’s Metro-North railroad was crushed against a wheel true machine while trying to move a train car into the maintenance shop. His estate claimed that Metro-North let its workers use a dangerous method of moving trains even after another man had been hurt. Metro-North claimed that Pieger was contributorily negligent because he was standing on the wrong side of the machine. Estate of Pieger v. Metro-North R.R. Co., No. 3:02CV00749 (D. Conn.). PLAINTIFFS’ ATTORNEYS: George Cahill Jr. and Charles C. Goetsch, Cahill, Goetsch & Maurer, New Haven, Conn. DEFENSE ATTORNEY: Kathleen Gianetti, Landman, Corsi, Ballaine & Ford, Newark, N.J. More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch Publications or at www.VerdictSearch.com. To submit a case, call (800)352-8412, fax (212)313-9145 or use the form at http://www.verdictsearch.com/jv3_submit_a_case. For subscription information or jury verdict research, call (800)832-1900.

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