Heyl Royster



Eighth Circuit Court of Appeals Affirms Defense Verdict


On July 24, 2012, the United States Eighth Circuit Court of Appeals affirmed the defense verdict which the firm obtained in the case of Avichail v. Fastaff Inc. The verdict was recognized by Missouri Lawyers Weekly as one of the top 10 defense verdicts in 2010. The case involved a minor whose mother claimed that following a surgery the minor's oxygen saturation rates were not properly monitored, causing a permanent brain injury. On appeal, it was claimed that the trial court erred in sustaining a Batson challenge involving an African American juror, as well as denying plaintiff's request to use an interpreter to assist an English speaking witness whose primary language was Tagalog. Richard Hunsaker of the firm’s Edwardsville office was the lead defense attorney in the case. The Eighth Circuit's opinion can be found at: Avichail v. Fastaff Inc.