Stewart McCloud Secures Bench Trial Defense Verdict

On June 7, 2016, Stewart McCloud obtained a defense verdict on behalf of a dentist following a bench trial in Fairhope, Alabama. The plaintiff filed suit against her former dentist alleging claims for negligence, breach of warranty and breach of contract. At trial, the plaintiff alleged that the dentures provided by the defendant were defective and allegedly cracked within months of delivery. McCloud defeated plaintiff’s breach of warranty and breach of contract claims by eliciting an admission from plaintiff that she never requested that the defendant repair or replace the allegedly defective dentures. The trial judge entered judgment in the defendant’s favor on the remaining claim of negligence, based upon the plaintiff’s failure to establish the applicable standard of care and the defendant’s alleged breach thereof.