Jury finds negligence, but awards no damages
Jury finds hospital radiologist negligent, but awards the patient no damages.
A jury has found that a St. Elizabeth Health Center radiologist was negligent, but the panel did not award any financial damages to a patient who sued the doctor.
Jurors concluded that the doctor’s error did not directly cause the patient’s injury.
After about 3 /12 hours of deliberations at the end of a one-week trial, six of the eight jurors agreed on the verdict and rendered their decision late Monday before visiting Judge Thomas J. Pokorny of Mahoning County Common Pleas Court.
In his complaint, Glenn Taylor of Detwiler Road, Canfield, alleged that Dr. Bert D. Collier was negligent when he failed to diagnose a broken right foot while reading Taylor’s x-ray on June 17, 2007, and that, relying on that report, Taylor continued to walk on it until that foot collapsed and he required multiple surgeries. Taylor did not sue the hospital.
Taylor, who wore a boot over his right foot in court, said he expected to continue wearing that boot indefinitely.
In Ohio civil trials, a verdict only requires the concurrence of six of the eight jurors.
Dr. Collier’s lawyer, Shirley Christian, and Taylor’s lawyer, Patrick Fire, declined to comment on the verdict.
The jurors had told the judge they were deadlocked 5-3, but, after the judge instructed the jurors to continue deliberating, the panel returned with its verdict after deliberating an additional 30 minutes.