GLASGOW — A Barren County judge denied a Louisville attorney’s motion for a new hearing to allegations he violated a state civil law in a medical malpractice case.
In July, Barren Circuit Judge Phil Patton ordered that David W. Son, the attorney for plaintiff Beverly McDaniel, reimburse the defendant – Dr. Bharati Mody of Glasgow – $18,543 in fees and $1,048.04 in expenses.
On Monday, Patton did grant a section of Son’s new motion that asked for the amount of the sanction to be set aside.
Patton ordered a hearing on Oct. 7 to give Son the chance to cross-examine the witness as to the amount of the sanction.
The original motion for sanction was filed earlier this year against Son, accusing him of violating Kentucky Civil Rule 11, which says, “the signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information and belief formed after reasonable inquiry is well grounded in fact.”
Son’s expert witness, Dr. Jeffrey J. Pomerance, a California neonatology specialist, claims he was never contacted by the attorney about the case, according to the original motion.
“Dr. Pomerance advised that the opinions that Mr. Son attributed to him in his expert disclosure were false,” the motion stated.
The medical malpractice case involved an allegation of negligence against Mody for the wrongful death of Anna Amos, McDaniel’s daughter.
McDaniel’s pregnancy ended in the preterm delivery of a “non-viable female” at her home on Oct. 2, 2003, court documents stated. Mody was listed as the plaintiff’s physician.
The case was dismissed on March 20, 2007, after Son was unable to provide Pomerance for deposition.
At Monday’s hearing, Son said his office had located Pomerance’s tax ID number.
“We are convinced that Dr. Pomerance’s only purpose for giving us his tax ID number is for the purpose of being retained as an expert (witness),” Son said.
“The sanction motion that was filed was not about the tax ID number,” said defense attorney Jason Taylor. “It’s about the fact that Dr. Pomerance never gave any opinions that were attributed to him.”
Local News
Lawyer won’t get new hearing
Attorney accused of violating law in malpractice suit
- Local News
-
-
UPDATE 3:05 p.m.: Fatal wreck on Burkesville Road
A Summer Shade man was identified as the driver in a fatal crash on Burkesville Road early Saturday morning.
-
Jail staff challenges Ober’s report
A long list of allegations made by a private investigator against the Barren County Detention Center is being challenged by a majority of the jail employees, who say they have not witnessed anything illicit.
-
BBBS honors volunteers Bell, Click
There’s no doubt about it. Tamara Click and Price Bell love spending time with their “little sister and little brother.”
-
Magistrates defend decision
Almost a month after a private investigator presented his summary report about the Barren County Detention Center and nearly five months since the initial vote for an investigation, the members of the Barren County Fiscal Court are standing by their decisions.
-
Park, students form partnership
Barren County Middle School and officials from Mammoth Cave National Park (MCNP) began a partnership in 2009 through a 21st Century Community Learning Center grant, according to a district news release.
-
Cemetery dedication planned Sunday
On Sunday, a dedication ceremony culminating efforts of several concerned citizens who restored the cemetery will take place at 2 p.m. at the D.F. West Cemetery on Ky. 70 near Hiseville.
-
No swimming allowed at lake for Memorial Day
Don’t visit Barren River Lake this Memorial Day weekend and expect to go swimming.
- 2:10 AFTERNOON UPDATE: Hart Co. man arrested for trafficking
- 9:03 a.m. Morning Update: Glasgow firefighters and Barren-Metcalfe EMS respond to wreck with injuries
-
Late Night Update: Investigation continues regarding injured teen
Very little is known about the circumstances surrounding a 15-year-old Barren County boy who was found seriously injured and lying in a ditch alongside his bicycle on Dripping Springs Road late Monday night.
- More Local News Headlines
-
UPDATE 3:05 p.m.: Fatal wreck on Burkesville Road
Raw Video: Gay Protest Blocked in Moscow
Vatican in Chaos After Butler Arrested for Leaks
Jimmy Carter Endorses Egypt's Election Results
Biden Addresses West Point Graduating Class
Dozens of Children Killed in New Syria Attack
Raw Video: Activists Allege Massacre in Syria
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
