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Thursday, August 1
 
Judge says jury had no legal basis for ruling

Associated Press

JACKSONVILLE, Fla. -- A judge threw out a $5.35 million verdict awarded to former Jacksonville Jaguars offensive lineman Jeff Novak, saying that Novak didn't prove he received negligent treatment from a former team doctor.

Circuit Judge Frederick Tygart wrote in a ruling made public Thursday that a jury's July 19 malpractice verdict against Dr. Stephen Lucie and his employer, Jacksonville Orthopedic Institute, could not be legally supported.

"No evidence has been submitted on which the jury lawfully could find and return a verdict for (Novak),'' Tygart wrote, according to The Florida Times-Union.

Lucie and the institute were accused by Novak's attorneys of improperly treating a 1998 bone bruise, leading to infections and complications that ended Novak's NFL career.

Lucie's attorneys did not learn of the order until receiving it by mail Thursday.

"Sometimes the court has to have time to think about these things,'' said Harvey Jay, one of Lucie's lawyers.

Patrick Dekle, Novak's attorney, said he's "dumfounded.''

"Nothing has happened since the rendering of the verdict two weeks ago to cause this,'' Dekle said.

Lucie was the Jaguars' team doctor from the franchise's inception in 1995 through Jan. 30, 2001, when he retired to spend more time with his family and focus on private practice.

The Jaguars were not named in the suit because Lucie served as an independent contractor and had final say on all medical matters.

Jaguars owner Wayne Weaver agreed with the judge's decision.

"I think he made a decision that certainly reflects the fairness of the case,'' he said.

Novak, 34, now lives in Georgetown, Texas, with his wife and four children. He runs a software e-communications business with former Jaguars quarterback Will Furrer.




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