Madsen v. Beacon Roofing Supply, Begins in Utah County – Provo - 8/30/2022
Jury selection occurred on August 29, 2022, in Madsen v. Beacon Roofing Supply, Hon. Thomas Low, Case No. 190401592, trial starts today. It is scheduled for 9 days.
This is a wrongful death case. Plaintiffs are the heirs of the decedent, Michael Madsen, and two of his friends that witnessed his death. Michael and the other two plaintiffs were minors at the time of the accident.
On December 17, 2018, Rusty Cade Cope, an employee of Beacon Roofing, hit Michael Madsen with a Beacon Roofing truck while he was in a crosswalk. Michael was killed in the accident. Michael’s two friends were either immediately behind him in the crosswalk or just about to enter the crosswalk. The two witnesses brought a claim for negligent infliction of emotional distress.
The trial has been bifurcated. The first phase is to determine whether Mr. Cope breached his duty to exercise reasonable care. If the jury finds that Mr. Cope breached the duty he owed to plaintiffs, the second phase of the trial will focus on claims against the company, claims for negligent infliction of emotional distress, and damages.
Plaintiffs are represented by Blake Johnson of Johnson Livingston.
Defendant Rusty Cade Cope is represented by Ruth Shapiro, Jeremy Stuart, and Bryson Brown of Snow Christensen & Martineau.
Defendant Beacon Roofing Supply is represented by Tracy Fowler, Elisabeth McOmber, and Ryan Alba of Snell & Wilmer.
The Docket is available here and the Complaint is available here.
Thank you to Kara North for letting us know about this trial!
Farris v. Brann et al., Begins in Salt Lake County. - 8/29/2022
Jury selection occurred on August 26, 2022, in Farris v. Brann et al., Hon. Andrew Stone # 170906507, trial started today.
This is a wrongful death case. Plaintiff is Patricia Farris, the 64 year old widow of Delmar Farris.
The Second Amended Complaint alleges that: “On August 21, 2016, Mr. Farris, age 69, arrived at SLRMC E.R. complaining of chest pain and pressure, tightness in throat, short of breath, and nausea. While in the E.R. he also reported the pain as 8 or 9 out of 10, pain in his left arm, pain moving between heart and throat, and being dizzy and lightheaded.” Delmar was admitted to SLRMC three hours later. He was discharged from SLRMC on August 24, 2016. The next day, he died of an aortic dissection. The claims against the Defendants are that they failed to diagnose or rule out an aortic dissection prior to discharge.
The docket is here and the Second Amended Complaint is here.
Trial is scheduled for four weeks.
-Patricia Farris – represented by Pete Summerill and Colin King.
- William M. Brann, M.D. (cardiologist) – represented by Bobby Wright and Rafael Seminario (Steward Health Care) https://www.steward.org/about
- Alexander Del Castillo, M.D. (hospitalist), Santibanez Aguirre, P.C. (Dr. Del Castillo’s employer), and Ravinder S. Ahluwalia, M.D. (hospitalist) – represented by Dave Epperson (MedPro Group)
- Thomas Calame, M.D. (cardiologist) – represented by Mike Miller and Dustin Johnson (UMIA)
- Physicians' Group of Utah, Inc. (employer of Dr. Brann)- represented by Shawn McGarry (Steward Health Care)
Salt Lake Regional Medical Center (IASIS/Steward) was a defendant, but got out on summary judgment.
Update: Taylor v. Landau et al. - 8/25/2022
The jury returned a 50/50 verdict likely due to evidence that the plaintiff did not follow-up after the surgery with his providers. Jury instructions 27 and 28 focused on Plaintiff’s failure to use reasonable care to provide for his own health and safety. Instruction 27(2) stated, “In this action, Dr. Landau claims that Mr. Taylor failed to use reasonable care in the following respects: By not following up to see Dr. Landau at any time following the urological procedure at issue, including not following up after complications started to arise.”
Defense counsel summarized the issues at trial as follows:
"The main issue in this case was whether the patient was told he had a stent placed, and whether he was told to follow-up to have the stent removed. There was no mention of a stent in the informed consent and no mention of a stent in the hospital discharge instructions, so Plaintiff argued he had no idea that a stent was ever placed. The only defense we had was a discharge summary dictated two weeks late that mentioned that the patient was informed of the stent and the need to return for removal. Plaintiff countered that the patient was doped up on IV narcotics at the time of this alleged conversation and would not have remembered this discussion (even if it had occurred). None of the defense witnesses had any memory the care and treatment from 7 years ago. The Defense argued contributory negligence (i.e., that the Plaintiff failed to return for any follow-up even after he experienced the alleged 8 or 9 urinary tract infections over an 18-month period)."
You can find the final jury instructions here and the special verdict form here.
Update: Taylor v. Landau et al. - 8/19/2022
The jury allocated 50% fault to plaintiff and 50% fault to Dr. Landau after 4½ hours of deliberation.
I will post the jury verdict form and other information once it is available.
Dr. Landau was represented by David Epperson and Scott Epperson.
Update: Taylor v. Landau et al. - 8/18/2022
Taylor v. Landau et al., Hon. Denise Porter # 180100071, American Fork.
Final witness and closing arguments expected tomorrow.
Taylor v. Landau et al., Begins in American Fork - 8/15/2022
A jury was previously selected in Taylor v. Landau et al., Hon. Denise Porter # 180100071 (4th District Court for Utah County, American Fork). Trial is scheduled for four days.
On February 15, 2015, Dr. Landau performed surgery on Mr. Taylor to remove a kidney stone. He received follow-up care from Dr. Olsen. At the time of surgery, a ureteral stent was placed that plaintiff alleges was not disclosed to him at the time of surgery or after and he suffered physical, financial, and emotional injuries.
Plaintiff claims that the stent was unnecessary, that both defendants failed to notify him of it, and that the stent should have been removed before it could cause his injuries. Taylor’s Complaint.
Defendants have denied all allegations. Answer.
Plaintiff is represented by George Tait. Dr. Landau is represented by David C. Epperson and Scott H. Epperson. Dr. Olsen is represented by John Ference.
Final witness and closing arguments expected tomorrow in Taylor v. Landau et al., Hon. Denise Porter # 180100071, American Fork.
Utah Trial Blog – First Blog – 8/12/22
As you heard from Frank, this will be the new home of all his prior blogs and resources. They are being stored on my website just as Frank had them on his. You can find the blog here: http://www.salt-lake-catastrophic-injury-attorney.com/blog-archive/
Thank you, Frank, for trusting me to maintain your work and continue the trial blog. I’m going to work hard not to screw it up!
All of you, please let me know if there is an upcoming trial you want me to blog about. I will continue to go through court filings to dig everything up, but please help a guy out and don’t be bashful. The web team is building a form to submit your case information, but in the meantime, you can send any case info to me directly at email@example.com or firstname.lastname@example.org.
I am really excited to keep this going for all of us. It is an invaluable resource that we all use to keep up to date with current trends in jury verdicts and trials.
Finally, just as I promised Frank, I promise you, this resource will continue to be neutral in tone and an educational resource open to all.
I am looking forward to all of this, but please wish me a little luck too.
All my best,
Chuck Conrad is a participant, organizer, or member in good standing of the following organizations.
Utah Bar Association
The Utah State Bar Association is the institution of legal accreditation in the State of Utah. For an attorney to practice in any state, they have to either be admitted by passing the bar or may apply for pro hac vice admission in order to appear in one case at a time within the jurisdiction.
I am licensed to practice in both Utah and Washington, but I also frequently appear in Nevada through pro hac vice admission.
Washington Bar Association
The Washington State Bar Association operates under the delegated authority of the Washington Supreme Court to license the state's nearly 40,000 lawyers and other legal professionals. In furtherance of its obligation to protect and serve the public, the WSBA both regulates lawyers and other legal professionals and serves its members as a professional association — all without public funding. The WSBA's mission is to serve the public and the members of the Bar, to ensure the integrity of the legal profession, and to champion justice.
Utah Association for Justice
The Utah Association for Justice is a community of attorneys who focus on representing injured individuals and their families. It has two primary components: educational and legislative. Membership in the Utah Association for Justice provides an attorney with valuable databases, research tools, and industry information.
Utah Association for Justice Legislative Committee
The Utah Association for Justice Legislative Chairperson is responsible to oversee the groups' legislative efforts for one legislative session. This involves managing lobbyists, organizing members to testify at the capital, opposing specific legislation that is detrimental to a Utah citizen's access to justice, and supporting legislation proposed and drafted by Utah Association for Justice members.
In short, it is a community service volunteer position.
Washington State Association for Justice
Washington State Association for Justice Chairperson is responsible to oversee the groups' legislative efforts for one legislative session. This involves managing lobbyists, organizing members to testify at the capital, opposing specific legislation that is detrimental to citizen's access to justice, and supporting legislation proposed and drafted by Washington State Association for Justice members.
In short, it is a community service volunteer position.
American Association for Justice
The American Association for Justice Chairperson is responsible to oversee the groups' legislative efforts for one legislative session. This involves managing lobbyists, organizing members to testify at the nation's capital, opposing specific legislation that is detrimental to citizen's access to justice, and supporting legislation proposed and drafted by American Association for Justice members.
In short, it is a community service volunteer position.
Million Dollar Advocates Forum
Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 5000 members throughout the country. Fewer than 1% of U.S. lawyers are members.
Multi-Million Dollar Advocates Forum
The Multi-Million Dollar Advocates Forum (which includes the Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 5000 members throughout the country. Fewer than 1% of U.S. lawyers are members.
National Trial Lawyers top 100
The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.
The National Trial Lawyers: Top 100 is an essential source of information, education and networking for the most accomplished trial lawyers throughout America. Through unique and professional networking opportunities, information and CLE programs, we continually strive to give our members a competitive edge in today's ever-changing legal profession. It is the mission of The National Trial Lawyers to provide networking opportunities, advocacy training, and the highest quality educational programs for the nation's leading trial lawyers.
Each of our distinguished Top 100 members possesses the knowledge, skill, experience and success held by only the best and finest lawyers in America. By combining resources, power, and influence, The National Trial Lawyers: Top 100 is devoted to preserving and protecting justice for all.
Super Lawyers – Rising Stars
Charles Conrad is an attorney who represents clients in the Salt Lake City, Utah area. He was recognized by peers and was selected to Rising Stars for 2014 - 2016. This selection is based off of an evaluation of 12 indicators including peer recognition and professional achievement in legal practice.
Being selected to Rising Stars is limited to a small number of attorneys in each state. As one of the few attorneys to garner the distinction of Rising Stars, Charles Conrad has earned the respect of peers as one of the top-rated attorneys in the nation.