 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brown v. Contemporary OB/GYN Associates3/27/2002
arranging for the attendance of Dr. Osborne, and you know, you are stuck with that.
Now, happily, you are not stuck entirely, because you do have the earlier trial transcript, which I will allow to be used with a suitable reader and so on. We can work out the details of that.
And that can't be tainted, . . . I find from information available to me now, by any subsequent representation of [Dr. Osborne by] Mr. Armstrong. So, again, somewhat fortuitously, a potential problem is solved.
Now in making that determination, let me make it also clear that if things were different, if Dr. Osborne were coming in here on Monday to testify and you raised this problem with me, I would have to give that a great deal of thought as to whether that potential conflict and the potential for subtle influences on Dr. Osborne would necessitate granting your motion. But that is not the case, and I am not going to tilt at windmills.
I just don't want the record to show that I am accepting carte blanche the argument of defense counsel that there is no conflict. I am simply finding that I don't have to get into that for other reasons that, as I say, are somewhat fortuitous.
Motion for mistrial is denied. (Emphasis added).
At the conclusion of the evidence, the court granted appellees' motion for judgment as to the claim of intentional infliction of emotional distress. The case was then submitted to the jury on the remaining claim of negligence. The jury returned a verdict in favor of appellees.
On April 7, 2000, appellants filed a "Motion For New Trial, And For Sanctions," supported by an affidavit of Agbaje. He averred, inter alia, that he contacted Dr. Osborne on January 11, 2000, to advise him of the new trial date of March 20, 2000, and the doctor "confirmed that the week of March 20 - March 30, 2000 was available for him." Agbaje also said that he wrote to Dr. Osborne on January 16, 2000, "to memorialize the trial date of March 20, 2000," and made other attempts to contact the doctor in February and March 2000.
The court held an evidentiary hearing on May 30, 2000, at which Robert Michael, Esquire, appeared as co-counsel with Armstrong. The evidence included the post-trial testimony of Dr. Osborne, taken on March 29, 2000; transcripts from the third trial; pleadings from the Singleton case, including Armstrong's entry of appearance on January 7, 2000; Agbaje's affidavit; testimony of Armstrong; and testimony of Paul Bekman, Esq., an expert for Armstrong.
Appellants argued, inter alia, that, based on their prior relationship with Dr. Osborne, appellants' counsel "never had a reason to subpoena Dr. Osborne." Agbaje asserted: "This is not about me issuing a subpoena to Dr. Osborne. . . ." He maintained that he did not subpoena Dr. Osborne because he considered it "unwise to subpoena your own expert, that it is actually never done. . . ." Moreover, Agbaje reiterated his contention that Armstrong had access to "confidential information" and "strategies" of appellants through appellants' expert. He also attributed the doctor's "unusual behavior" in not responding to his calls to Armstrong's involvement with Dr. Osborne, implying that Armstrong "connived to procure Dr. Osborne's absence." Agbaje conceded, however, that he had no evidence to that effect. Instead, he pointed to the "appearance of impropriety," characterizing Armstrong's conduct as "patently inappropriate" and "grossly unfair," and charging that Armstrong "orchestrated" the expert's failure to appear.
The court responded, as follows:
I indicated that while I might have some concern with the advisability, propriety, what have you of r
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|