Date: 07-28-2009

Case Style: Montejo Gaspar as Guardian for Luis Jimenez v. Martin Memorial Medical Center

Case Number: 43200CA000715

Judge: Elizabeth A. Metzger

Court: Circuit Court, Martin County, Florida

Plaintiff's Attorney: Jack Hill, Searcy Denney Scarola Barnhart, West Palm Beach, Florida

Defendant's Attorney:

Description: Luis Jimenez sued Martin Memorial Medical Center on unlawful detainer, deprivation of liberty theories and false imprisonment theories after he was shipped by air ambulance from the hospital to Guatemalan against his will. Luis Alberto Jiménez was rendered a quad and suffered brain damage when the vehicle in which he was a passenger was hit by another vehicle. He became a permanent patient at Martin Memorial Medical Center which could not find another facility to care for him because he had not insurance and was not a legally in the country.

On July 10, 2003, Matin Memorial put him on a plane and shipped him to a hospital in Guatemalan which, in turn, discharged him to the care of his 73-year-old mother.

Martin Memorial Medical Center denied wrongdoing.

The Court reportedly instructed the jury that, as a matter of law, Defendant had been unlawfully detained and deprived of his liberty.

Outcome: Defendant's verdict.

Plaintiff's Experts:

Defendant's Experts:

Comments: “While we respect the jury’s verdict,� Mr. Hill said, “we certainly feel that they should have acknowledged the wrongfulness of Martin Memorial’s conduct.�