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Experienced Litigators
Client-Focused Results

Medical Malpractice case dismissed four days before trial

On Behalf of | Dec 16, 2022 | Firm News |

Medical Malpractice case dismissed four days before trial


Ottenwess Law attorneys David Ottenwess and Sarah Cherry convinced Plaintiff’s counsel to dismiss their client from a medical malpractice case four days before trial.

First, after the deposition of Plaintiff’s experts, motions to dismiss several named physician defendants were filed. Before the motions were heard on oral argument, David and Sarah convinced Plaintiff’s counsel to dismiss all but one named physician and the hospital entity. Two weeks before trial, Plaintiff settled with the other Defendant and the remaining parties were preparing to proceed to trial.

After being successful on many motions in limine (motions to preclude evidence) including the preclusion of the upper-cap for non-economic damages and some economic damages including lost wages, Plaintiff agreed to dismiss the last remaining physician defendant without any monies paid.

Although the attorneys at Ottenwess Law are always prepared to go to trial, we take every step and avenue to get a case dismissed.