Files For New Trial
Monrovia- The Lawyers representing the Management of the John F. Kennedy Medical Center (JFKMC), represented by its CEO, Dr. Jerry F. Brown has filed A motion for new trial, after a guilty verdict was handed down by jurors for alleged faulty surgery performed on a female patient, as Garmah Never Lomo reports.
The JFK is requesting the court to set aside the verdict handed down by the Jury over the weekend.
In their 22-counts motion filed before the Civil Law Court on Monday, October 30, 2023, lawyers of Liberia’s largest public hospital explained that the trial Jury on October 27, brought down a unanimous verdict of liable against the JFK for US$1M as general damages and US$3,178.76 as special damages.
JFK Lawyers further request that said verdict be set aside because it does not support the weight of the evidence adduced at trial, therefore New Trial be granted and ordered.
“That Chapter 26, sub-section 26.4 of the Civil Procedure Law provides that: After a trial by jury of a claim or issue, upon the motion of any party, the court may set aside a verdict and order a new trial of a claim or separable issue where the verdict is contrary to the weight of the evidence or in the interest of justice.
A motion under this section shall be made within four days after verdict,” FK Lawyers noted.
They further said that no extension of time shall be granted for making a motion under this section.
Defendant further that the standard to which the Defendant’s conduct must conform in order that he shall escape from liability for harm done, may relate to (1) the recognition of the risk involved in his conduct, (2) the realization of the unreasonable character of the risk, and (3) the amount of care, skill, preparation, or warning which he must exercise, make or give.”
57A Am Jur 2d, Section151: The defendants noted that because the respondent failed to prove that JFK was negligent in the risk, care, skill or preparation of services provided during the surgery on June 13, 2019 and also because defendant JFK proved that standard of care was exercised which was never refuted or rebutted by responden ,the trial jurors’ verdict is contrary to the weight of evidence adduced at trial.
Hence, motion for new trial will lie. The defendants further explained that the respondent did not prove damages for wrong when they attempted to prove medical malpractice by the evidence presented during the trial which were refuted by the defendant and the respondent failed to rebut same the verdict is contrary to the weight of the evidence and must be set aside.
“That neither damages for wrong nor medical malpractice were established or shown in the Plaintiff’s Complaint or proven during trial to warrant the said verdict which was based on sentiments exhibited by respondent and therefore her counsels during trial and not based on the merit of the case, thus not in accordance with the weight of the evidence adduced for which the verdict should be set aside,” the defendant emphasized.
The defendants submitted that Civil Procedure Law Chapter 25.6, Best Evidence, text at page 198 states that, “the best evidence which the case admits must always be produced; that is no evidence is sufficient which supposes the existence of better evidence,”