Syracuse, NY - In October a verdict for the defendants was handed down by the jury in the 1st of 33 malpractice cases against Small Smiles and their dentists slated to be heard in New York courts.
Just after the verdict, the jury informed the judge they were stalked throughout the 15 day trial by a “creep” and “sleazy” guy who turned out to be a New York attorney by the name of Scott Greenspan. Greenspan was hired by malpractice insurance carrier National Union Fire Insurance Company, a division of AIG .
Now, “upon examination of the facts”, Judge Deborah Karalunas. has ordered a new trial, concluding “…that Mr. Greenspan made improper contact with the jury.”
In her November 18, 2013 decision, Judge Karalunas finds AIG attorney Scott Greenspan’s conduct “violated the sanctity of the jury, raises ground for suspicion that the decision was found on something other than the evidence and was prejudicial and likely to influence the verdict.”
“This is not a matter of an isolated elevator conversation, cake for juror appreciation day or expression of condolence. This is a case where jurors over a 15-day period believed that they were stalked, videotaped and closely monitored by a person they believed worked for the defendants,” says Judge Karalunas.
“This is a case where jurors performing their civic duty were made to feel bothered and scared.”
Under questioning by Judge Karalunas, one juror said:
“He followed us everywhere. When we would go to lunch, he’d follow us to where we were going. One day we had an hour and 15 minutes, a little extra time, so we walked down to the Armory Square to Blue Tusk. And I told the other jurors, this guy is following us everywhere. So after the third time I saw him, I said look behind you, that’s what I’d say to them, and he would always be there.
“But when we would go on the elevator, he would always be there. when we got outside, we would go to have a cigarette right out front, he’s always be standing close by. When we got back on the elevator to come up,he was always there.”
‘…the only times we did not see him out of the whole time was once we went to Ale and Angus and once we went over to The Mission and we didn’t see him there.”
The juror told Judge Karalunas that Mr. Greenspan was in the elevator “at least half the time, if not three quarters of the time.”
So there ya have it. A new trial and I would guess that National Union/AIG would need to pick up the tab for this. Now, wouldn’t it have just been easier to write this child a check for all the hell he’s been put though?! Just saying…
Small Smiles Dental Syracuse Bohn Malpractice New Trial Decision
