October 19, 2017
Gerald R. Toner obtained a directed verdict for an orthopaedic surgeon in Boyle County Circuit Court. The plaintiff alleged the surgeon and plaintiff’s radiologist failed to diagnose a knee fracture. At the close of plaintiff’s case, Toner argued plaintiff’s radiology expert was not qualified to testify as to the standard of care of an orthopaedic surgeon and could not prove that plaintiff’s alleged injury was caused by any action or inaction of the surgeon. The presiding judge sustained the motion, and all claims against the surgeon were dismissed with prejudice before the defense put forth their case in chief.