Court upholds $1.1 million award

Tuesday, Feb. 12, 2002 | 8:57 a.m.

CARSON CITY -- The state Supreme Court has upheld a $1.1 million malpractice judgment against Valley Hospital Medical Center in the death of a Las Vegas man.

The court Monday rejected Valley's argument that the man's widow, Rosie Puckett, received double recovery, compensated for both emotional distress and grief and sorrow.

The court said District Judge Allan Earl was correct when he denied the motion of the hospital for a partial summary judgment on the issue of double recovery.

Valley, which conceded liability, argued that attorneys for Puckett presented evidence that became cumulative and thereby prejudicial to the hospital. The court said the testimony to which Valley objected centered on the amount of damages.

"The jury was entitled to hear specific and precise expert medical testimony as to Mr. (Henry) Puckett's pain and suffering," said the court in its unanimous decision.

But the court did order a reduction in fees for the lawyers who represented the widow.

The Supreme Court found that the $325 an hour for attorneys was excessive and unreasonable. It said each of the two lawyers for Mrs. Puckett worked many hours "to obtain an excellent result for Mrs. Puckett," but added that the case was less complicated than normal because Valley conceded liability shortly before the start of trial.

The court sent the issue of attorney fees back to Earl to "determine an appropriate hourly rate based on the fee customarily charged in the locality for similar legal services." The court initially approved the fee of $127,985.