The defense team, led by Alexandria Dobrowolski, an associate at the Louisville Hub, and Michael Vittori, Managing Partner of Litigation at the Chicago Hub, achieved a remarkable victory through meticulous preparation, crafting a precise timeline of events, documenting all communications with opposing counsel, and referencing pertinent case law directly applicable to the facts. The team presented a compelling argument before the court, emphasizing pertinent facts and illustrating that any outcome but dismissal of the case would not only harm their client but also deviate from established precedent.

Overview of the Case

• Negligence and medical negligence claims against a healthcare team providing services to correctional facilities.
• Plaintiff, a former inmate, filed claims against the healthcare company.
• Plaintiff transported to University of Louisville Hospital for treatment in 2017, undergoing procedures for head and brain injuries.
• Alleged lack of medical care during incarceration resulted in serious and life-threatening medical issues.
• Complaint filed in 2018 and defense was the only active party in the case.
• Despite four attorneys representing Plaintiff, there was no activity.
• Court issued three Notices to Dismiss for Lack of Prosecution.
• Defense filed a motion supporting the Court's notice, citing lack of involvement of Plaintiff's attorneys, prejudice to clients due to delay, and misrepresentations by one of Plaintiff's attorneys. Defense subsequently filed three additional motions to support their argument(s).
• Oral arguments were held before the Court. The Court agreed with Defense’s position and dismissed the case, citing harm to defendants and the potential for further inaction by Plaintiff's attorneys.

Key Difference-Makers

• Alexandria Dobrowolski - Louisville Associate
• Michael Vittori - Managing Partner of Chicago Litigation
• Candace Sewell - Louisville Paralegal
• Emma Mestler - Chicago Paralegal
• Melissa Works - Louisville Legal Assistant

Claims Made Against our Client

• The healthcare company that provides services to correctional facilities, including medical care for inmates, through its agents, employees, and servants, was negligent in the medical care provided to the plaintiff, leading to permanent and ongoing injuries and damages. The same was alleged against additional clients -  a doctor and APRN.
• The healthcare company was vicariously liable for the negligence of its agents, employees, and servants.
• Defendants, including the healthcare company, and LMDC staff, failed in their duty to ensure timely and appropriate medical care for inmates, including the plaintiff.
• Failure to comply with duties resulted in Plaintiff's injuries and damages.
• Plaintiff suffered bodily injuries, physical and mental pain, incurred medical expenses, lost wages, and permanent impairment due to Defendants' negligence.
• Defendants' acts or omissions were grossly negligent, reckless, or willful, making them liable for punitive damages.

Defensive Strategy

• Defense strategy focused on thorough preparation and anticipation of Plaintiff's arguments.
• Meticulous documentation of events and communication with opposing counsel provided clear evidence for the Court.
• Case law cited was well-established and applicable to the facts of the case.
• Argument presented to the Court was straightforward, avoiding irrelevant details.
• Emphasis on potential harm to the client and departure from precedent if the Court ruled against the defense.
• Achieving dismissal in such cases is rare but attainable with careful preparation and adherence to legal principles.

Impact on Final Outcome

• The case required dismissal to protect our clients' interests.
• Through teamwork ensured a strong argument with supporting evidence, aiding the Court in following legal principles.
• In Kentucky, delays in litigation can occur due to plaintiff attorney's case load or trial involvement, but this should not prejudice our clients.
• Extended delays, as per Kentucky law, disadvantage clients and impede their access to a fair trial.
• In cases alleging medical negligence, timely access to witnesses is crucial due to turnover in medical and prison systems.
• Delay in litigation further hinders defense access to crucial witnesses.
• Argument before the Court emphasized the impact of delay on client defense and articulable prejudice.
• Court and Kentucky law supported dismissal of Plaintiff's case based on these arguments.

Predicting the Future

• Unreasonable delays disadvantage our clients and cause irreparable prejudice.
• Courts should narrowly apply the law and emphasize consequences of prolonged litigation.
• This outcome underscores QPWB's commitment to advocating for our clients' fair defense.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.