John T. Maloney persuaded a jury that a surgeon did not cause injury to a plaintiff’s long thoracic nerve. The plaintiff’s theory at trial was that her surgeon cut or burned the nerve. Mr. Maloney presented evidence that the location of the surgery was remote and distinct from the location of the long thoracic nerve and therefore the surgeon could not have caused the plaintiff’s injuries. Mr. Maloney and Ms. Casey successfully argued on appeal that any error in the jury charge was harmless and the verdict should not be disturbed. The Appellate Division agreed and affirmed the jury’s verdict and judgment.
Mr. Maloney is a trial lawyer and devotes a significant amount of his practice to the defense of medical and professional malpractice claims.
Leah Walker Casey concentrates her practice primarily in the areas of appellate practice and commercial litigation.
