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Patrick Stockalper successfully defends surgeon in initial trial and repeat trial arising out of common bile duct injury associated with gallbladder removal surgery

The plaintiff underwent a laparoscopic cholecystectomy by the defendant resulting in a devastating common bile duct injury. Plaintiff underwent repeated hospitalizations and surgeries as a result of this injury. The case was successfully tried to a 12-0 defense verdict in Glendale. However, the trial judge determined that “no reasonable jury could ever reach the result it did” and therefore granted plaintiff’s motion for a new trial. The trial judge stated from the bench that he has rarely granted a motion for new trial. The matter was subsequently tried in downtown Los Angeles and a different jury reached the same result (12-0 defense verdict) as the initial jury despite the previous trial judge’s comment that “no reasonable jury could ever reach the result it did.”