Morrison Mahoney Partner Jim Bello and Associate Caroline Smith recently obtained a trial victory, as the Plaintiff in their Barnstable Superior Court case voluntarily dismissed his entire case a week and a half into trial.
The Plaintiff alleged that in January 2012, our client, a nurse practitioner, violated his constitutional rights by sexually assaulting him during a shower while the Plaintiff was incarcerated. The Plaintiff alleged that this alleged assault caused him emotional distress and physical injuries. The nurse denied any wrongdoing. Indeed, she testified that she provided a shower to the Plaintiff in order to provide a skin assessment due to his ongoing refusal to shower. The case has been ongoing for about five years.
The Plaintiff presented eight witnesses throughout this trial, including our nurse. Our nurse provided passionate testimony as she adamantly denied the allegations against her. On the last day of the Plaintiff’s case, the Plaintiff’s fiancé (also a nurse) testified. Though she denied serving as an expert for the Plaintiff’s other cases, she was impeached on cross examination with an “Expert Affidavit” that she signed just a month ago. Moments before the Plaintiff was set to take the stand, he decided to dismiss the case in its entirety.