Comp references prejudiced nurse in personal injury suit: Appeals court

A nurse severely injured after a trauma patient was dropped on her was prejudiced by references to workers compensation payments in her lawsuit against a doctor and the hospital where she worked, the Nevada Court of Appeals ruled Thursday.

The appellate court said “too much error” occurred during a jury trial resulting in a defense verdict, and it remanded the case for a new trial.

Britt Hayes sued over severe crushing injuries to her foot that occurred when a trauma team tending to a critically injured patient dropped the individual.

Ms. Hayes, who required multiple surgeries, sued Dr. John Michael Watson and Gomez, Kozar, McElreath and Smith Corp., doing business as Western Surgical Group.

A jury found for the defendants, but Ms. Hayes appealed, saying too many prejudicial legal errors occurred at trial.

One challenge on appeal centered around improper comments made by defense counsel regarding workers compensation benefits, with Ms. Hayes arguing that the references prejudiced her because a jury could potentially award lesser damages.

The trial judge dismissed this argument, but Ms. Hayes raised it on appeal.

The appellate court, in overturning the jury verdict and ordering a new trial, said the trial court “did not expressly rule on the objection concerning the improper reference to workers’ compensation made during closing argument which implied that Hayes had already been compensated for her injury by workers’ compensation and was dissatisfied,” the appeals court wrote.