Superior Court Reinstates Reggie Lewis Appeal

By
Martin Finucane
January 7, 2006, 5:15 AM ET
2 min read

B O S T O N, Oct. 3, 2000 -- The widow of former Boston Celtics captain ReggieLewis will be able to continue her legal battle against the doctorwho was caring for her husband when he died in 1993.

In mid-July, Judge Thayer Fremont-Smith had dismissed DonnaHarris-Lewis’ appeal in her malpractice suit against Dr. Gilbert Mudge. A jury in May cleared Mudge of negligence.

But today, the judge ruled that Harris-Lewis’ failure to make certain deadlines to press her appeal didn’t constitute“inexcusable neglect.”

Judge Unhappy About Appeal

“The fact remains … that Mrs. Harris-Lewis, justifiably ornot, was honestly of the opinion that she had not received a fairtrial,” Fremont-Smith said in an 11-page ruling.

Fremont-Smith said his ruling didn’t mean he was happy toreinstate the appeal, noting the “agony and disruption” of theirlives that Mudge and his family have already suffered.

“However, such anguish is an unavoidable consequence of an appeal in any protracted and traumatic case, such as this,” he said.

Fremont-Smith noted that Harris-Lewis plans to claim, amongother things, in an appeal that the verdict was a product of racialprejudice and that the jury was prejudiced by evidence of allegedcocaine abuse by her husband.

He defended his conduct in presiding over the trial, which endedin May with the jury clearing Mudge of negligence, but he saidHarris-Lewis had a right to an appeal.

Mudge Cleared After Second Trial

“The Court’s objective throughout was to provide a fair and orderly trial for all parties and it believes that all partiesreceived one. Nevertheless, Mrs. Harris-Lewis has the right to have an appellate court review the record to ascertain whether thatobjective was accomplished,” he said in the ruling.

The case began on July 27, 1993, when Reggie Lewis collapsed and died while shooting baskets at Brandeis University, shocking Boston and the sports world.

A trial last year ended in a hung jury. In a second trial,jurors cleared Mudge of negligence after four weeks of testimony.