With jurors hopelessly deadlocked 7-5 in favor of the plaintiff, a judge on Monday declared a mistrial in a lawsuit by a medical technician who alleged she was groped by a cardiologist at Kindred Hospital in Gardena.
Los Angeles Superior Court Judge Michael Linfield took the action after the jury foreman said nothing more could be done to help the panelists break their impasse in the case brought by Yunuen Campos against Dr. John M. Kennedy.
Campos’ lawyer, Frank Magnanimo, said he was disappointed with the mistrial and that the case will be retried. Lawyer Mark Hathaway, on behalf of Kennedy, said his client will put up a strong defense again if there is a second trial.
Juror Tyrone Bell said he voted on behalf of Campos because she provided considerable detail in her account of what happened. He said those who sided with the doctor thought that Campos was untruthful in her accusations against Kennedy as well as other aspects of her life that came out during the trial, including her work resume.
In his closing argument Friday, Magnanimo said his client suffers from post-traumatic stress disorder as a result of the alleged fondling incident on April 10, 2013.
Campos filed suit four months later, alleging sexual battery, gender violence and civil rights violations.
Hathaway countered that there was no evidence to substantiate Campos’ claims. He also said Campos never cried out for help, though she alleges she was in distress at the time.
Campos is a cardiac sonographer who performs diagnostic and imaging procedures for doctors who treat patients with cardiac disease. She alleges she was inappropriately touched by Kennedy in the doctor’s lounge and again in a nearby bathroom after he pushed her inside.
The District Attorney’s Office declined to file charges against Kennedy, who has provided television commentary on medical issues on several occasions.
— City News Service