Issue
Can comments intended to inflame the passions of the jury, even if directed at a non-party, result in error?
Case Summary
Michael Konewko, then age 57, underwent a laminectomy and removal of a synovial cyst at Advocate in October 2010. Following surgery he experienced increased leg weakness. While still an inpatient, he was assisted by Nurse Begler to the commode which involved an uncontrolled descent, after which his leg weakness increased to the point of feeling dead. Konewko later underwent two additional surgeries, suffered a DVT and infection, underwent rehabilitation, but eventually regained 4+ out of 5 strength in the leg. Plaintiff filed suit against Advocate on the theory that its agent, Nurse Begler, was negligent in assisting with the transfer to the commode. Advocate defended the case in part on the theory that the surgery, and not the transfer, caused the patient s symptoms of leg weakness. Pre-trial rulings prohibited any reference to the relative wealth or p
Wikipedia
ELGIN, Ill. (Legal Newsline) – Attorneys representing a health care provider went too far during closing arguments, and an Illinois man will get a second chance to prove it is liable for his injuries.
The Second District of the Illinois Appellate Court ruled Dec. 7 that lawyers representing Advocate Good Samaritan Hospital played to the jury’s emotions in an improper fashion and ordered a retrial.
Those lawyers, of the Chicago firm Johnson & Bell, told jurors it would take nurse Lisa Begler years to earn the amount of money in damages requested by plaintiff Michael Konewko. But Begler wasn’t a defendant – only the hospital was.