LIHU’E — A state judge has ordered a Kaua’i chiropractor to pay the county about $50,000 to cover the county’s expenses in a personal injury lawsuit brought by the chiropractor. In March, a Circuit Court jury dismissed Brian O’Brien’s suit
LIHU’E — A state judge has ordered a Kaua’i chiropractor to pay the county
about $50,000 to cover the county’s expenses in a personal injury lawsuit
brought by the chiropractor.
In March, a Circuit Court jury dismissed Brian
O’Brien’s suit seeking $600,000 in damages for lost wages, medical bills, pain
and suffering that he claimed were the result of a motorcycle accident on a
poorly maintained county road.
The accident occurred Dec. 3,1994, on
Olohena Road in Wailua.
In making the award to the county during a hearing
Monday, Circuit Judge George Masuoka gave weight to county claims that the
chiropractor had engaged in false billing practices, said Kaua’i attorney Sam
Blair, a personal injury specialist who was hired to assist county attorneys in
the case.
“My interpretation is that the judge’s decision has shown that
frivolous lawsuits will not be tolerated on Kaua’i,” Blair said. “This is a
major , major, major blow.”
O’Brien will be required to make compensation
to the county after the judge’s order is filed, Blair said.
The
chiropractor claimed the accident occurred because of mud that remained on the
road after county work crews had finished grading the shoulder of the
road.
He testified the accident disabled him indefinitely and prevented
him renewing his state license to continue working as a chiropractor.
He
returned to work in 1996, but took on a lighter workload.
O’Brien was
represented by attorney Teresa Tico.
