Victory from the Jaws of Default

Heather Miller, Andrew Bagley, and Savannah Acheson recently obtained dismissal for their client, an ER staffing company, following trial in a case with a unique procedural posture. The company, wrongfully named in the lawsuit, was already in default when the MMBB team entered an appearance on the eve of trial. As a result, the allegation against it, derivative liability for the alleged negligence of two co-defendant ER physicians, was deemed admitted. The case proceeded against the ER physicians, who were not in default, in a bifurcated format. When the jury returned a defense verdict for the ER physicians, the MMBB team argued that the claims against their alleged employer could not stand, as the underlying tort had been adjudicated not to exist. The Court agreed and dismissed the case.

This is a strong result achieved under challenging circumstances, on short notice. Congrats to Heather, Andrew, and Savannah.