Kentucky

From the Glasgow Times is a story on .....

Louisville lawyer accused of failure to pay reimbursement over false witness

By SUSAN TEBBEN Glasgow Daily Times

GLASGOW ? A Louisville lawyer found to have filed false expert witness disclosures is being ordered to appear in Barren County Circuit Court for not paying the money he was to reimburse a local doctor.



In an order made on Aug. 4, David W. Son is required to appear on Aug. 30 at 9 a.m. to show cause as to why he should not be jailed for contempt of court for his failure to pay attorney fees of $18,543 and expenses of $1,048 to Dr. Bharati Mody, a Glasgow physician.



Son appealed the payment order to the Kentucky Court of Appeals, but the court affirmed the Barren court decision. Notice of the contempt motion was served to Son, but he did not appear for the hearing set on the motion on Aug. 2, according to court documents.



The summons is to be served by the sheriff of Jefferson County, the order made by Barren Circuit Court Judge Phil Patton said.



Son was the attorney of Beverly McDaniel in a medical malpractice suit involving an allegation of negligence against Mody for the wrongful death of Anna Amos, McDaniel?s daughter. The case was dismissed on March 20, 2007, after Son could not provide his expert witness, Dr. Jeffrey J. Pomerance, a California neonatology specialist who claimed he was never contacted by the attorney in the case.



In October of 2008, Patton ordered that Son reimburse Mody, but granted a section of Son?s motion that asked for the amount of the sanction to be set aside. Son was ordered to make payment within 30 days.



The original motion for sanction was filed against Son for violating Kentucky Civil Rule 11, which said ?the signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information and belief formed after reasonable inquiry is well grounded in fact.?



McDaniel?s pregnancy ended in the preterm delivery of a ?non-viable? female at her home on Oct. 2, 2003, according to previous reporting by the Daily Times. Mody was listed as the plaintiff?s physician.



When reached for comment, Son said that he had not received the order requesting his appearance on Aug. 2 or the current order to appear on Aug. 30 and had no further comment.