Civil Procedure Keyed to Marcus
Kothe v. Smith
Facts
Plaintiff brought suit for medical malpractice against four defendants, Dr. Smith, Dr. Andrew Kerr, Dr. Kerr’s professional corporation, and Doctors Hospital, seeking $2 million in damages. Actions against Dr. Kerr, Dr. Kerr’s professional corporation, and Doctors Hospital were discontinued. Three weeks prior to trial, the trial judge held a pretrial conference during which he directed parties to conduct settlement negotiations. The judge recommended settlement between $20,000 and $30,000 and warned the parties that if they settled for a comparable figure after trial had begun he would impose sanctions. Defendant offered $5,000, which was rejected. Plaintiff’s attorney informed the judge that his client would settle for $20,000 but requested that the figure not be released to the Defendant. The only pretrial settlement that was released to the Defendant was $50,000. When the case settled for $20,000 after one day of trail, the district court penalized the Defendant alone. Defendant appeals.
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