Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call it. And it is meant as a compliment. Those downstate attorneys are good (actually excellent!) at their craft and they evidence the civility of a time long past. They are truly the Gentleman Lawyers in our Bar.
So comes now Clay Bunting with a rare bird indeed....a directed verdict in favor of the claimant at a Termination Hearing in Richard Smith v. Bayhealth Medical Center, IAB# 971350 (5/15/12). Here is what Clay has to offer:
"Sassy, Having been previously reprimanded for "holding out on you", I am this time promptly getting you a copy of what is for me a first: a directed verdict granted at the close of the carrier's case, without anything further required from the Claimant. In the opening I referenced the collateral estoppel position preserved in the pretrial stip., and handed up copies of the former decisions, as well as several cases, which were cited in the Order. Along with the Attorney's Fee Affidavit, I also moved without objection upon the oral granting of my motion after about a 20 minute delay to enable the case law to be read (I think), to admit the transcript of the treating Dr. DuShuttle [ to better get the transcript and witness fee taxed as costs ], which worked. My prayer is that you will summon the full measure of Christian charity and His Grace, to favorably restore me into your own going forward, forgiving my failure to provide you with case law in the past. God bless, Clayton"
I would call this hitting it out of the park. And a max attorney's fee award to boot. I do question the standard that was applied. I didn't think you had to show a "change in condition" on a Review Term. Just that the disability has ended (hey, but what do I know?) And I don't recall Clay being in my bad for not supplying me with case law. No, that would be Bill Baker of the Tybout firm. How can you win a case based on a defense of "defecation syncope", no less, and not tell Sassy Cassy. I know.....I need to let it go....LOL!
Have a great weekend, dear ones!
Irreverently yours,Sassy Cassy
Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts
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