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Robert McKenna’s Motion for Non-Suit granted at the start of trial in 40 million dollar LOE case brought by plaintiff physician against defendant physician for malpractice

During a protracted litigation brought by one physician against another for medical malpractice, the defense was able to successfully bring a non-suit against the plaintiff, based largely on pre-trial discovery rulings which prevented the admission of evidence by the plaintiff at the time of trial. During the discovery phase of the case, the defendant had to file multiple pleadings and engaged in protracted law and motion. Due to multiple discovery abuses found by the court, the plaintiff was precluded from offering certain evidence at the time of trial. This proved dispositive in preventing plaintiff from making a prima facia case of negligence against the defendant.