Linda Davidson v. Edwards Law Firm, PLLC et al.

Kayce and Gary Green helped a victim of medical negligence and then legal negligence when Linda Davidson came to them having suffered the iatrogenic loss of a kidney, only to have her first attorneys fail to perfect service of process in the underlying medical negligence case.

The jury returned a unanimous $2,000,000 verdict on July 26, 2017, in Linda Davidson v. Edwards Law Firm, PLLC, et al., Sebastian County, AR Circuit Court 66FCV-16-557.

It was a difficult case. Our client had multiple co-morbidities notwithstanding her lost kidney due to negligence. We argued eggshell plaintiff where Gary told the old English story of the farmer who was carrying eggs. “You’re so stupid, you shouldn’t have been carrying eggs; you should have been carrying potatoes” juxtaposed with, “You’re so stupid, you shouldn’t have diabetes; you’re so stupid, you shouldn’t have PVD; you’re so stupid, you shouldn’t have high blood pressure.” I think this resonated with the jury, many of whom either suffered personally from diabetes or had family members with HBP/diabetes, etc.

As you know, we all practice in small, close-knit communities where jurors can be self-conscious about finding against a physician or attorney. In order to empower them to do so, Gary discussed the Bystander Effect, the social phenomenon in which individuals are less likely to offer help to a victim when other people are present. He asked them to step up with a Heimlich maneuver, and a police officer, who reluctantly was not stricken in voir dire, showed emotion for the first time in the trial. The police officer became the foreman.