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Three appellate victories arrive on same day
on March 2, 2011
On November 17, 2009, Wagstaff & Cartmell received an unprecedented abundance of good news for its clients from Missouri appellate courts. In three, separate cases, Wagstaff & Cartmell clients scored victories on appeal, two from the Missouri Supreme Court, and one from the Missouri Court of Appeals, Western District. These results highlighted not only Wagstaff & Cartmell’s ability to achieve success for its clients in the appellate courts as well as trial courts, but they also underscored the Firm’s commitment to success in both plaintiff’s and defense cases.
First, in the case of Estate of John Novogradac v. Shirshekan et al., the Missouri Supreme Court declined to accept transfer of the case from the Missouri Court of Appeals, which affirmed the Platte County, Missouri jury’s verdict awarding over $3 million to our client in a case of nursing home negligence. This ruling by the Missouri Supreme Court marked the end of the appellate process and the end of the case. During the course of the appeal, interest accumulated on the judgment so that the total award is nearly $4 million.
Second, in the case of Sigroi v. Saint Louis University et al., the Missouri Supreme Court issued on opinion affirming and reinstating the Saint Louis City jury’s $825,000 verdict in favor of our clients in this medical malpractice case, reversing the ruling by the Missouri Court of Appeals, which had ordered a new trial. With interest that had been accumulating on the judgment during the appeals, the total award payable to our clients exceeded $1 million.
Third, in the case of Beaty v. St. Luke’s Hospital of Kansas City et al., the Missouri Court of Appeals affirmed a defense verdict that our firm had obtained on behalf of our clients in a medical malpractice case tried in Jackson County, Missouri. Significantly, the Court of Appeals rejected the plaintiff’s argument of an alleged violation of HIPAA privacy rules as a basis to grant a new trial.
Wagstaff & Cartmell is proud both of its record of success in trying cases to juries, and of its similar record of success in preserving those trial victories through effective written and oral advocacy on appeal.
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