McCoy v. Montgomery
Jun 01, 2007OUTCOME: Verdict $3,000,000 actual; $500,000 punitive aff'd
The plaintiff lost a leg because of unnecessary surgery. The jury awarded $2,800,000 in actual damages, $200,000 in loss of consortium, and $500,000 in punitive damages. This case was tried by Bobb ... y McDaniel and John Burnett. Gerry Schulze was brought in to draft motions and briefs at the trial level, and for the appeal. There were some complex procedural issues dealing with service of process, but this case is remarkable for the award of punitive damages against a physician in a medical negligence case. The evidence was that the physician falsified records to make an unnecessary surgery seem necessary and performed a "botched" surgery ultimately resulting in the amputation of the plaintiff's leg. After an exhaustive review of all the evidence, the Arkansas Supreme Court held that, "In viewing the evidence in the light most favorable to the Montgomerys, we hold there was sufficient evidence for the jury to have determined that McCoy engaged in malicious conduct in his treatment of Montgomery, warranting an award of punitive damages." This case is worthy of study. It will be a landmark for many years in determining under what circumstances a physician can be held liable for punitive damages. This case is also notable for the highly unusual behavior of one of the expert witnesses for the defendant, who unilaterally refused to answer questions posed to him at his deposition.
