Swartz Campbell Partner Achieves Stay of Execution for Sanctioned Attorney

/ 16.Jan, 2015
Swartz Campbell partner, Jeff McCarron, Esquire, obtained a temporary stay of execution proceedings against attorney Nancy Raynor for sanctions imposed against Ms. Raynor arising out of the defense of a medical malpractice action.  News of the $946,197.16 sanction has garnered local and national attention with reports in the Legal Intelligencer and ABA Journal.  Mr. McCarron was quoted as noting Ms. Raynor is “obviously in distress and very concerned about the impact this activity will have on her personally and professionally.”  The imposition of sanctions was based upon an allegation Ms. Raynor did not appropriately warn an expert not to mention the plaintiff’s history of smoking during his testimony in the medical malpractice action.  Swartz Campbell appealed the imposition of sanctions arguing, inter alia, the imposition of sanctions was inappropriate because the doctor acknowledged Ms. Raynor possibly did tell him not to mention smoking during his testimony, and acknowledged Ms. Raynor’s statement that she told him about the court’s direction not to mention smoking was truthful.