DiMeo underwent these tests at a hospital but was sent home. Later that night, he rushed to the emergency room at a different facility, where doctors diagnosed him with a heart attack (myocardial infarction).
According to expert testimony, DiMeo suffered permanent heart damage due to the delay in diagnosis. He subsequently sued Dr. Gross on October 29, 2019, alleging medical negligence.
Legal Battle and Trial Proceedings
In March 2022, the court scheduled the trial for September 25, 2023. However, just six days before trial, Gross’ lawyer requested a delay, citing the religious holiday.
DiMeo’s legal team, led by Louis Tumolo of The Beasley Firm, objected, arguing that expert witnesses’ schedules were already set. The court sided with DiMeo, and the trial proceeded as planned, from September 25 to September 28—though Gross was absent on the first day due to Yom Kippur.
Ultimately, the jury ruled in favor of DiMeo, awarding $4.05 million, including delay damages that the trial judge approved in October 2023.
Appeal Denied: Religious Argument Rejected
On appeal, Gross argued that the court’s refusal to grant a continuance forced him to choose between his constitutional right to religious freedom and his right to attend his own trial. However, the appeals court found no need to delve into constitutional law, ruling instead that state precedent on trial continuances was clear and had been fairly applied.
