DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Trial Court Awards Plaintiff Costs and Attorney's Fees As A Result Of Defendant's Refusal To Admit An Uncontested Fact

In a medical malpractice case, Shevlin Smith represented a family for the wrongful death of their mother and wife due to a hypersensitivity reaction to a drug known as Lamictal. In discovery, the Defendant was asked to admit that the cause of the decedent's death was due to a hypersentivity reaction from the drug. The Defendant refused. Later, the Defendant's own expert agreed that the cause of death was due to a hypersenstivity reaction to Lamictal. Upon motion, the trial court awarded the plaintiff attorney's fees and costs related to proving the cause of death when that fact was not in dispute and should have been admitted during the course of discovery. Read here a copy of the plaintiff's Motion and the trial court's Order.

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