Marc Buoniconti and his family have decided to drop their bid
CHARLESTON, S.C. (AP) _ Marc Buoniconti and his family have decided to drop their bid for a new trial in their failed lawsuit against The Citadel’s football team doctor, their attorney said.
″After some soul searching (the Buonicontis) decided not to go forward with the appeal,″ Charleston attorney William Grimball said.
″They’ve withdrawn the appeal and that’s the end of it.″
A Charleston County jury decided July 14 after a five-week trial that Dr. E.K. Wallace Jr. was not negligent in his advice and treatment of Buoniconti before the football player suffered a paralyzing injury making a tackle during a game Oct. 26, 1985.
In September, Buoniconti’s request for a new trial had been denied by 1st Circuit Judge John Hamilton Smith, the original trial judge. The family then filed a notice of appeal to the state Supreme Court.
The consent order of dismissal, signed Wednesday in Columbia, S.C., said Buoniconti agreed to abandon his appeal and Wallace agreed to waive his right to recover any costs in the Supreme Court or in the trial court.
The 21-year-old son of former Miami Dolphins linebacker Nick Buoniconti was seeking as much as $16.8 million from Wallace, an orthopedic surgeon.
Grimball said that even if Buoniconti had won in the Supreme Court, he only would have won a new trial, which would have been expensive with no guarantee of success.
Wallace’s lawyer, Robert Hood, said Thursday he was happy to see an end to the case.
Hood said the original trial was the longest civil trial in state history and set a record in asking for $23 million in punitive and actual damages.