Thursday, July 1, 2010

Doctor Appeals Overturn of Libel Judgment

St. Louis Today

A doctor who won a $10 million judgment last year in a libel suit against the St. Petersburg Times is appealing a decision by a Florida judge to throw it out.

Dr. Harold "Hal" Kennedy, a St. Louis cardiologist, sued the newspaper over three articles it published in 2003 about Kennedy's departure from a position at a Veterans Affairs medical center near Tampa, Fla.

Kennedy's attorneys argued that the newspaper damaged Kennedy personally and professionally when it published allegations that he had been under investigation.

In August 2009, a Florida jury sided with Kennedy and awarded him $5.14 million in compensatory damages and $5 million in punitive damages.

The paper asked a judge to review the verdict. In a two-page order issued June 14, a Florida judge, Anthony Rondolino, said the evidence presented at trial was insufficient to overcome the First Amendment right of free speech.

Rondolino noted that appellate courts created an independent review of jury verdicts in libel cases such as this because of the importance of freedom of speech and press.

Last week, Kennedy appealed the decision to the Florida Second District Court of Appeal.

Kennedy, who grew up in St. Louis, once served as chief of cardiology in St. Louis University Hospital. He also worked as a cardiologist and professor of internal medicine at the Rush Heart Institute in Chicago.

Ira Berkowitz, an attorney here who represented Kennedy at trial, did not return a call seeking comment Tuesday.

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