Posted on 08/02/2002 9:32:14 PM PDT by eartotheground
By Rich Tucker and Gene Frenette Times-Union staff writers
A Jacksonville judge has rejected the $5.35 million verdict a jury awarded to former Jaguar Jeff Novak last month, saying Novak failed to prove team doctor Stephen Lucie committed malpractice. "No evidence has been submitted on which the jury lawfully could find and return a verdict for the plaintiff," Circuit Judge Frederick Tygart wrote. Though appealable, the decision is a major setback for Novak because such rulings from trial judges weigh heavily in appellate court deliberations, attorneys say. Novak, reached at his home in Georgetown, Texas, said he will fight the decision. "Without question, if this ruling stands as it is, absolutely we'll appeal it," Novak said. "I don't see how this changes the landscape of anything other than the judge just trumping the jury verdict." Lucie said yesterday that "some of my faith in the legal system returned" when he learned about the judge's decision. "I felt the care Mr. Novak got was appropriate," Lucie said from Minneapolis. "He got back playing that same season. ... It's unfortunate that he was unable to continue playing pro football, but I didn't feel his leg or our care had anything to do with it." During the two-week trial last month, Novak's lawyers argued Lucie's decision to drain fluid from a leg injury Novak sustained during training camp that year caused lasting disability that cut short his football career. They showed jurors blown-up pictures of a bruise and hematoma on Novak's leg and called a gaggle of medical experts and former Jaguars to testify about Lucie's treatment and Novak's prowess as a football player before his injury. On July 19, the jury awarded Novak $4.35 million for pain and suffering as well as lost past and future income as a professional football player. They also awarded Novak's wife, Kim, $1 million for the loss of her husband's comfort, services and attention. But Tygart ruled that Novak's case, even when considered in the most favorable light, did not prove Lucie had been negligent or had caused permanent injuries that prevented Novak from being re-signed as a professional football player after the 1998 season. The judge also said Novak had not proved his wife suffered any damages. Steve Pajcic, a top Jacksonville personal injury attorney, said decisions to set aside jury verdicts in civil cases are "unusual but not unheard of." He said Tygart's ruling is a serious blow to Novak's case. "To make this ruling, the judge needed to conclude that the jury that heard this case was not a reasonable jury," Pajcic said. Tygart issued his ruling Wednesday, but Lucie's attorneys learned of the directed verdict only when they received a copy in the mail yesterday. Novak's lawyer, Patrick Dekle, found out about the decision when he was contacted by the Times-Union. "I am dumbfounded," Dekle said. "This would make a movie."
George Vaka, another of Novak's lawyers, said he was optimistic about prospective appeals. "The orders that most frequently get reversed are directed verdict orders and summary judgment orders," he said. "The burden isn't as difficult as if the judge had called for a new trial." Lucie's attorneys said they viewed the ruling as a key victory.
"We feel good for Dr. Lucie and feel he's been vindicated," said lawyer Brett Lucas. In his ruling, Tygart set aside the jury verdict by granting a motion filed by the defense midway through the trial for directed verdict in favor of Lucie. Defense lawyers had renewed that motion before the case was given to the jury for deliberation. Jaguars owner Wayne Weaver applauded Tygart's decision. "I think he made a decision that certainly reflects the fairness of the case," he said. Novak's attorneys have 10 days to seek a rehearing when they can try to change Tygart's mind, or they can wait until Tygart enters a final judgment and appeal to the 1st District Court of Appeal. Staff writer Rich Tucker can be reached at (904) 359-4169 or rtuckerjacksonville.com. Staff writer Gene Frenette can be reached at (904) 359-4540 or gfrenettejacksonville.com.
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