In October 2015, Alan J. Fumuso and Scott G. Christesen collaborated on a post trial motion that resulted in the Trial Court setting aside a verdict for the Plaintiff and directing a Verdict for the Defendant on a brain damaged infant case in Queens. The trial lasted almost two months in Queens County. The jury returned a verdict for the Plaintiff against the Defendant Obstetrician on one departure question, coupled with a proximate cause question. Extensive post trial motions were made by both parties on a number of complicated legal issues. A main point raised by the defense was that the plaintiff had failed to establish a prima facie case at trial on the issue of proximate causation. The trial court, in an eleven page decision extensively citing the cross examination by Fumuso of Plaintiff’s Obstetrical Expert, agreed with the defense that a prima facie case had not been established on the issue of proximate causation. As such, the Court ordered that the Verdict for the Plaintiff be set aside, and directed that Judgment be entered on behalf of the defendant Obstetrician.
