| Dental
Medical/Malpractice |
Defense
Attorney
Mitchell
D.
Kaylor |
| Judicate
West |
Binding
Arbitration
Hearing |
|
|
Plaintiff,
a
32
year-old
male,
claimed
the
defendant
general
dentist
negligently
extracted
his
wisdom
tooth.
Permanent
numbness
(lingual
anesthesia)
on
the
entire
right
half
of
plaintiff's
tongue
was
confirmed
and
not
disputed.
Plaintiff's
experts
testified
he
suffered
from
major
depression,
major
anxiety
disorder,
and
post-traumatic
stress
disorder.
He
claimed
lack
of
confidence,
inability
to
speak
clearly,
permanent
loss
of
taste
on
the
right
side
of
his
tongue,
and
uncontrollable
drooling.
Psychiatric
treatment
was
needed
periodically
for
the
rest
of
his
life.
Plaintiff
claimed
$170,000
in
medical
bills,
$333,000
in
past
loss
earnings,
and
$250,000
in
general
damages.
Plaintiff
further
claimed
that
his
inability
to
speak
clearly
and
psychological
overlay
caused
future
lost
earnings
in
the
amount
of
$4,300,000.00.
The
Binding
Arbitration
was
in
favor
of
defendant.
The
arbitrator
determined
that
the
treatment
performed
by
the
defendant
general
dentist
did
not
fall
below
the
standard
of
care.
|
| Automobile
v.
Pedestrian |
Defense
Attorney
Mary
K.
Talmachoff |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Bellflower
Courthouse) |
|
|
|
Plaintiff,
a
23
year
old
female
pedestrian,
was
crossing
southbound
on
the
sidewalk
of
Cerritos
Town
Center
parking
lot.
The
defendant
was
heading
northbound
in
the
side
aisle
and
attempting
to
make
a
left
turn
heading
westbound
in
the
parking
lot.
The
defendant
was
traveling
approximately
three
to
five
miles
per
hour.
Plaintiff
stepped
off
the
sidewalk
and
walked
in
front
of
the
oncoming
vehicle.
The
impact
occurred
while
defendant
had
just
made
a
left
turn.
Plaintiff
claimed
she
landed
on
the
insured’s
vehicle’s
hood
and
then
flew
off
and
landed
on
the
ground.
Plaintiff
claimed
medical
specials
of
$6,
841.45
and
$1,300
in
lost
wages.
Trial
lasted
three
days.
The
jury
deliberated
for
two
hours
and
returned
a
defense
verdict.
|
| Automobile
v.
Pedestrian |
Defense
Attorney
John
K.
Paulson |
| Superior
Court
for
the
State
of
California,
County
of
Orange |
Judge
James
J.
Di
Cesare |
|
|
Plaintiff,
a
35-year-old
female,
was
crossing
the
street
on
her
way
to
the
store.
The
defendant
was
traveling
southbound
on
Ross
Street
turning
left
at
approximately
10
miles
per
hour
onto
16th
Street.
The
plaintiff
entered
the
intersection
as
the
defendant
was
making
his
left-turn.
The
accident
occurred
just
before
dark
and
there
was
very
little
light
in
the
area
when
the
accident
occurred.
Plaintiff
was
struck
by
the
front
of
defendant's
vehicle
and
fell
to
the
ground.
Plaintiff
sustained
a
scalp
laceration,
but
also
alleged
cognitive
problems
and
memory
loss.
Defendant
claimed
that
it
was
dark
and
plaintiff
was
wearing
dark
clothing.
Plaintiff's
medical
bills
exceeded
$52,000.
Plaintiff
requested
$162,000
at
trial
for
her
alleged
neurological/cognitive
deficits
from
the
accident.
Defendant
offered
$20,000.01,
via
a
CCP
§
998.
After
a
5-day
jury
trial,
the
jury
deliberated
for
3
hours
and
returned
a
verdict
finding
the
defendant
80%
at
fault.
The
jury
awarded
no
medical
bills
and
$4,000
in
general
damages.
|
| Automobile/Negligence |
Defense
Attorney
John
K.
Paulson |
| Superior
Court
for
the
State
of
California,
County
of
Orange |
Judge
Steven
L.
Perk |
|
|
This
is
a
case
of
disputed
liability
arising
out
of
a
two-vehicle
rear-ended
collision
which
occurred
northbound
on
the
I-5
Freeway,
half
a
mile
south
of
Camino
del
Estrella
in
the
City
of
San
Clemente,
California.
The
plaintiff’s
vehicle
sustained
rear-end
damage
and
was
declared
a
“total
loss.”
The
plaintiff
alleged
a
heavy
impact
as
she
was
slowing
to
a
stop
at
a
speed
of
less
than
5
miles
per
hour.
The
defendant
attempted
to
stop
before
rear-ending
the
plaintiff
at
an
estimated
speed
of
10-15
mph.
Plaintiff
claimed
personal
injuries,
including
back
pain,
neck
and
upper
trapezius/shoulder
pain,
and
pain
in
the
thigh
area.
Plaintiff’s
doctors
alleged
a
thoracic
vertebrae
fracture
and
wedging
to
the
spine.
Defendant
disputed
the
extent
of
plaintiff’s
injuries
and
reasonableness
of
the
corresponding
treatment.
Plaintiff
requested
a
verdict
in
excess
of
$50,000.
Defendant
offered
$10,000.00
by
way
of
CCP
§
998.
After
a
4-day
trial,
the
jury
deliberated
for
ten
minutes
and
returned
a
defense
verdict.
|
| Dental
Medical/Malpractice |
Defense
Attorney
Mitchell
D.
Kaylor |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Van
Nuys) |
|
|
|
Plaintiff
claimed
the
defendant
general
dentist
negligently
placed
six
veneers
on
her
upper
front
teeth.
Plaintiff
alleged
she
returned
to
the
defendant's
office,
but
the
defendant
refused
to
remove
and
replace
the
veneers.
Thereafter,
she
sought
the
opinions
of
four
different
dentists
who
all
recommended
removal
and
replacement
of
the
veneers.
Two
of
plaintiff's
subsequent
treating
dentists
testified
at
trial
that
the
veneers
were
below
the
standard
of
care.
Defendant's
own
expert
examined
plaintiff
and
recommended
the
veneers
be
removed
and
replaced.
Regardless,
defendant
alleged
that
he
complied
with
the
standard
of
care,
and
his
treatment
was
appropriate
under
the
circumstances.
Plaintiff
requested
$50,000
in
economic
damages,
and
$200,000
in
non-economic
damages.
The
jury
returned
with
a
defense
verdict
after
two
hours
of
deliberation.
Plaintiff
filed
a
Code
of
Civil
Procedure
§
998
demand
of
$99,999.99.
Defendant
filed
a
Code
of
Civil
Procedure
§
998
offer
in
the
amount
of
$25,001.00.
Defendant
has
filed
a
memorandum
of
costs
in
the
amount
of
$13,800.
|
| Premises
Liability |
Defense
Attorney
Robert
L.
Reisinger |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Torrance) |
|
|
|
Plaintiff
sued
a
hotel
resort
with
a
golf
course
alleging
that
he
was
standing
on
a
public
street
adjacent
to
the
course
and
was
struck
in
the
head
with
an
errant
golf
ball
from
the
golf
course.
The
plaintiff
presented
several
photographs
to
the
jury
depicting
major
gaps
and
holes
in
the
fencing
of
the
golf
course
and
as
a
result,
the
plaintiff
was
able
to
obtain
40%
liability
on
Mr.
Reisinger's
client,
the
defendant
hotel.
However,
Mr.
Reisinger
did
obtain
from
the
jury
60%
liability
on
the
plaintiff
who
was
merely
standing
on
a
public
street
adjacent
to
the
golf
course.
The
plaintiff
was
in
the
course
and
scope
of
his
employment
at
the
time
of
the
incident
and
received
over
$60,000
in
past
medical
treatment
for
his
alleged
brain
injury
as
well
as
his
cervical
injury.
During
the
civil
trial,
the
plaintiff
presented
testimony
from
numerous
medical
experts
that
he
suffered
a
brain
injury
as
a
result
of
the
incident
and
an
injury
to
his
cervical
spine.
The
plaintiff
also
presented
numerous
doctors
who
testified
that
he
would
need
a
cervical
fusion
in
the
future
for
the
injury
he
suffered
to
his
neck.
The
plaintiff
testified
and
presented
evidence
that
he
has
not
returned
to
work
since
the
June
1,
2005
incident
due
to
his
inability
to
concentrate
and
his
anger
problems
since
the
incident.
The
plaintiff
made
a
demand
to
the
jury
for
$162,000
in
past
loss
of
earnings
and
$60,000
for
past
medical
expenses.
The
plaintiff
made
a
demand
to
the
jury
of
$80,000
for
future
medical
expenses
for
his
cervical
fusion
and
care
and
treatment
of
his
brain
injury.
The
plaintiff
presented
a
total
of
$312,000
in
specials
to
the
jury.
In
addition
to
the
$312,000
in
specials
to
the
jury,
the
plaintiff
demanded
$500,000
for
pain
and
suffering
for
a
total
demand
to
the
jury
of
$812,000.
Not
only
did
the
jury
find
60%
liability
on
the
plaintiff
for
standing
on
the
public
street
behind
the
golf
course,
they
only
awarded
him
$2,205
in
past
medical
expenses
which
only
total
the
first
trip
he
made
to
the
emergency
room.
The
plaintiff
did
not
receive
any
additional
past
medical
expenses
or
any
future
medical
expenses.
Additionally,
the
jury
did
not
award
plaintiff
any
past
or
future
loss
of
earnings.
Plaintiff's
Motion
for
a
New
Trial
and
Additur
was
denied.
The
jury
poll
varied
and
the
trial
lasted
two
weeks.
|
| Dental
Medical/Malpractice |
Defense
Attorney
Mitchell
D.
Kaylor |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Norwalk) |
|
|
|
Plaintiff's
upper
left
wisdom
tooth
(tooth
No.
16)
was
extracted
by
a
general
dentist
on
December
16,
2006.
Plaintiff
returned
for
a
post-operative
examination
on
December
22,
2006.
According
to
the
defendant,
there
were
no
signs
of
an
infection
on
that
date.
However,
plaintiff
was
hospitalized
on
December
24,
2008,
for
four
days
for
left
facial
cellulitis
secondary
to
the
extraction.
Plaintiff
claimed
he
was
not
informed
of
the
risks
and
alternatives
of
the
extraction
procedure,
and
the
defendant
failed
to
diagnose
the
infection
at
the
post-operative
visit.
Plaintiff
requested
a
verdict
in
the
amount
of
$115,000,
based
on
medical
bills
of
approximately
$30,000,
past
pain
and
suffering,
and
future
pain
and
suffering
including
permanent
loss
of
taste
and
smell.
The
jury
returned
with
a
defense
verdict
after
five
days
of
trial.
|
| Automobile/Negligence |
Defense
Attorney
John
K.
Paulson |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(South
Bay
Branch
-
Redondo
Beach) |
|
|
|
This
was
a
case
of
disputed
liability
arising
out
of
a
two-vehicle
left-hand
turn
collision
which
occurred
at
the
intersection
of
Crenshaw
Boulevard
and
182nd
in
the
city
of
Torrance,
California.
The
plaintiff
alleged
that
the
defendant
made
an
unsafe
left-hand
turn
into
a
Burger
King
restaurant.
The
defense
alleged
that
the
plaintiff
ran
the
red
light
and
struck
the
side
of
defendant’s
vehicle.
The
crucial
issue
was
the
area
of
impact
in
relationship
to
the
deposition
testimony
of
the
plaintiff.
The
defense
called
the
Torrance
police
officer
who
established
the
point
of
impact
was
in
the
intersection,
as
consistent
with
the
defense’s
position.
The
plaintiff
also
had
a
suspicious
loss
of
earnings
claim.
A
three-day
jury
trial
occurred.
During
the
course
of
the
trial,
it
was
pointed
out
that
the
plaintiff
had
inconsistent
deposition
testimony
and
a
suspicious
loss
of
earnings
claim.
(There
was
no
expert
to
establish
plaintiff’s
loss
of
earnings
claim.
Plaintiff
requested
$16,500
from
the
jury.
After
ten
minutes
of
deliberation,
the
jury
returned
with
a
defense
verdict.
|
| Dental
Malpractice |
Defense
Attorney
William
C.
Haggerty |
| Superior
Court
for
the
State
of
California,
County
of
Orange
Case
No:
07CC02824 |
|
|
|
Plaintiff,
age
62,
claimed
the
defendant
prosthodontist
negligently
extracted
her
remaining
28
teeth,
and
negligently
provided
dentures
thereafter.
In
addition,
plaintiff
claimed
fraud,
negligent
and
intentional
infliction
of
emotional
distress
and
unfair
business
practices.
Punitive
damages
were
sought.
Plaintiff
claimed
excruciating
and
unrelenting
pain
as
well
as
the
inability
to
chew
food
from
November
16,
2005
through
June
30,
2006
when
a
subsequent
treating
dentist
made
new
dentures.
She
continued
to
suffer
pain
and
functional
problems
allegedly
because
of
defendant's
negligence,
even
after
her
new
dentures
were
made
and
up
through
the
time
of
trial.
Defendant
alleged
that
she
complied
with
the
standard
of
care
and
that
the
dentures
provided
were
immediate
healing
dentures
which
often
needed
to
be
replaced
by
long-term
permanent
dentures
once
tissue
healing
and
bone
resorption
occurred.
Plaintiff
signed
a
consent
form
stating
that
she
understood
this
process.
Defendant's
motions
for
non-suit
were
granted
as
to
plaintiff's
intentional
causes
of
action
for
fraud
and
emotional
distress,
resulting
in
the
punitive
damages
allegations
being
stricken.
Plaintiff
claimed
$4,000
in
out-of-pocket
loss.
The
jury
returned
with
a
defense
verdict
on
September
15,
2008
after
one
hour
of
deliberations.
Plaintiff
has
filed
an
appeal.
Plaintiff
filed
California
Code
of
Civil
Procedure,
Section
998
demands
of
$999,999
as
to
the
defendant
dentist
and
the
defendant
dental
management
company.
Defendant
filed
a
California
Code
of
Civil
Procedure,
Section
998
Offer
to
Compromise
in
the
amount
of
$9,999
for
each
defendant.
|
| Dental
Medical/Malpractice |
Defense
Attorney
William
C.
Haggerty |
| Judicate
West
Case
No:
05CC03228 |
Binding
Arbitration
Hearing |
|
|
Plaintiff
suffered
an
infection
of
his
right
hip
prosthesis
following
a
dental
procedure.
Plaintiff
claimed
that
the
defendant
general
dentist
failed
to
properly
evaluate
him
for
either
pre-medication
or
post-medication
of
antibiotics.
Plaintiff
claimed
that
had
antibiotics
been
prescribed,
his
life-threatening
infection
could
have
been
avoided.
Plaintiff
underwent
right
hip
replacement
surgery
on
July
16,
2002.
The
guidelines
promulgated
by
a
joint
committee
of
the
American
Dental
Association
and
American
Academy
of
Orthopedic
Surgeons
in
1997
(and
reiterated
in
2003)
stated
that
an
individual
who
had
received
a
joint
prosthesis
within
two
years
of
dental
treatment
should
be
classified
as
an
increased
risk
patient
and
should
be
considered
for
antibiotic
prophylaxis
when
undergoing
a
higher
incidence
dental
procedure.
The
defendant
general
dentist
was
aware
of
the
ADA/AAOS
guidelines
when
he
performed
crown
preparations
to
plaintiff's
teeth
Nos.
5
and
13
on
February
25,
2004.
Because
the
dental
procedure
was
classified
as
a
lower
incidence
procedure,
he
determined
that
no
antibiotic
prophylaxis
was
necessary.
The
defendant
dentist
also
relied
upon
a
12-year
history
of
having
provided
similar
dental
treatment
to
plaintiff
with
no
significant
bleeding.
Since
the
guidelines
only
required
consideration
of
antibiotics
in
a
situation
where
a
dentist
was
confronted
with
both
a
higher
incidence
procedure
and
an
increased
risk
patient,
none
was
given
to
plaintiff.
There
was
a
factual
dispute
between
plaintiff
and
the
defendant
dentist
as
to
the
amount
of
bleeding
that
occurred
during
the
crown
preparation
procedures.
Plaintiff
began
feeling
sick
on
February
29,
2004.
By
March
3,
2004,
plaintiff's
fever
had
spiked
to
104
degrees,
and
he
was
transported
to
the
emergency
room
at
the
Veterans'
Administration
Hospital
in
West
Los
Angeles.
Plaintiff's
hip
prosthesis
was
surgically
removed
and
replaced
with
a
cement
spacer.
Plaintiff
was
placed
in
an
intensive
care
unit
and
suffered
life-threatening
renal
failure.
An
incision
and
drainage
procedure
was
performed
on
April
22,
2004.
Plaintiff
was
discharged
on
May
14,
2004,
but
continued
on
antibiotics
for
several
months.
Plaintiff
was
confined
to
a
wheelchair,
immobile
and
required
24-hour
home
care
until
a
replacement
prosthesis
was
surgically
placed
on
September
16,
2004.
The
infectious
organism
was
found
to
be
alpha
streptococcus.
Plaintiff's
infectious
disease
expert
claimed
that
the
alpha
strep
organism
most
likely
entered
plaintiff's
bloodstream
during
the
subject
dental
procedure.
The
defense
expert
disputed
this
claim.
Plaintiff's
dental
expert
claimed
defendant
did
not
properly
evaluate
plaintiff
according
to
the
guidelines
and,
had
he
done
so,
prophylactic
antibiotics
would
have
been
given.
Defendant's
dental
expert
claimed
that
the
guidelines
were
followed
in
every
respect.
Plaintiff
claimed
$250,000
in
general
damages
and
$200,000
in
loss
of
earnings.
Plaintiff's
wife
claimed
$250,000
for
loss
of
consortium.
All
of
plaintiff's
medical
bills
were
paid
because
all
treatment
was
through
the
VA
Hospital.
The
binding
arbitration
was
in
favor
of
defendant.
|
| Insurance
Bad
Faith |
Defense
Attorney
Robert
L.
Reisinger |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles |
Judge
Kenneth
Freeman |
|
Plaintiff
made
a
claim
for
uninsured
motorist
benefits
to
his
insurance
company
after
he
was
allegedly
backed
into
by
a
valet
parking
a
vehicle
at
a
local
mall.
The
plaintiff
alleged
that
the
owner
of
the
vehicle
was
unknown
and
the
valet
driver
was
uninsured
at
the
time
of
the
accident
and
thus,
he
was
entitled
to
uninsured
motorist
benefits
through
his
automobile
liability
insurance
carrier.
Plaintiff
sued
his
insurance
carrier
for
breach
of
the
implied
covenant
of
good
faith
and
fair
dealing,
intentional
infliction
of
emotional
distress,
and
unfair
business
practices.
Mr.
Reisinger
obtained
a
defense
verdict
with
regard
to
all
three
causes
of
action
on
behalf
of
his
client’s
insurance
company.
Plaintiff
alleged
that
the
accident
caused
an
injury
to
his
shoulder,
which
required
surgery
and
he
requested
$108,922.37
in
Brandt
fees.
The
plaintiff’s
request
for
Brandt
fees
was
also
denied.
|
| Dental
Malpractice |
Defense
Attorney
Mitchell
D.
Kaylor |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Norwalk) |
|
|
Plaintiff
claimed
substandard
root
canal
therapy
on
14
teeth,
substandard
bridge
work,
and
failure
to
control
plaintiff's
periodontal
condition
caused
the
loss
of
five
teeth,
and
the
probable
loss
of
plaintiff's
remaining
teeth.
Plaintiff
claimed
future
bone
grafting
was
required,
eight
implants
on
the
lower
arch,
and
four
implants
on
the
maxillary
arch
with
sinus
grafting.
The
cost
of
treatment
was
estimated
to
be
$80,000
to
$100,000.
The
parties
waived
jury,
and
the
court
trial
began
on
February
14,
2008,
which
was
estimated
to
last
approximately
7-10
days.
In
the
morning
of
the
first
day
of
trial,
Mr.
Kaylor
moved
orally
to
bifurcate
the
statute
of
limitations
issue,
which
was
granted.
After
two
to
three
hours
of
testimony,
the
Judge
returned
a
defense
verdict.
|
| Dental
Malpractice |
Defense
Attorney
James
D.
Savage |
| Superior
Court
for
the
State
of
California,
County
of
Orange |
Judge
William
Monroe |
|
Plaintiff,
a
56-year-old
singer
in
her
church
choir,
received
dental
treatment
by
defendant
in
September
of
2003
consisting
of
root
canal
therapy
and
modifications
to
an
existing
bridge.
The
existing
bridge
was
unsuccessfully
adjusted
on
three
or
four
occasions
necessitating
the
placement
of
a
new
bridge.
The
new
bridge
was
placed
in
the
lower
left
quadrant
on
January
15,
2004.
Plaintiff
alleges
the
dentist
incorrectly
seated
the
bridge
and
made
improper
adjustments
throughout
all
four
quadrants
of
her
mouth.
Plaintiff
was
seen
by
seven
subsequent
treating
dentists.
Several
of
those
dentists
formulated
extensive
treatment
plans.
Plaintiff's
retained
expert
testified
she
needed
a
full
mouth
reconstruction
at
a
cost
of
$65,000.
Defendant
contended
he
explained
all
of
the
treatment
options
to
plaintiff
before
she
attempted
to
save
the
wisdom
tooth
with
a
root
canal.
Defendant
contended
his
adjustments
were
appropriate
and
the
final
bridge
he
placed
in
that
area
did
not
alter
plaintiff's
bite.
Plaintiff
demanded
$200,000
in
settlement,
which
was
later
reduced
to
$100,000
during
trial.
Defendant
offered
$25,000
prior
to
trial.
No
further
offers
were
extended
by
defendant
after
plaintiff
rejected
the
$25,000
offer.
After
a
week-long
trial,
the
jury
deliberated
for
three
hours
before
returning
a
verdict
in
defendant's
favor.
|
| Dental
Malpractice |
Defense
Attorney
William
C.
Haggerty |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Long
Beach)
Case
No:
NC
038070 |
Judge
Patrick
Madden |
|
|
Plaintiff,
age
49,
went
to
the
defendant
general
dentist
because
of
pain
to
tooth
No.
6
(upper
right
cuspid).
A
root
canal
was
performed
to
tooth
No.
6
on
April
29,
2005.
Because
plaintiff
continued
having
pain
to
No.
6,
the
defendant
did
an
apical
incise
and
drain
procedure
on
June
2,
2005.
No
drainage
or
sign
of
infection
was
found
which
would
have
explained
plaintiff's
continued
pain.
Plaintiff
claimed
that
during
the
second
apical
procedure
by
defendant,
she
felt
a
shooting
electric-type
sensation.
From
that
point
forward,
she
experienced
extreme
and
unrelenting
facial
pain
as
well
as
a
diminished
corneal
reflex
and
other
neurologic
deficits.
Plaintiff
was
seen
by
a
subsequent
endodontist
on
July
26,
2005
and
he
removed
a
separated
file
from
tooth
No.
7
and
redid
a
root
canal
to
tooth
No.
7
which
had
been
poorly
done
in
Iran.
Plaintiff's
endodontist
referred
plaintiff
to
pain
management
specialist
Steven
Graff-Radford,
D.D.S.,
on
July
21,
2005.
Dr.
Graff-Radford
found
all
cranial
nerves
intact
and
diagnosed
myofascial
pain
emanating
from
plaintiff's
TMJ.
Plaintiff
was
later
seen
at
UCLA
on
September
23,
2005,
where
she
underwent
two
apicoectomies
to
teeth
Nos.
6
and
7
without
relief
of
pain.
Plaintiff
returned
to
Dr.
Graff-Radford
on
September
26,
2005,
at
which
time
TMJ
pain
had
improved
and
plaintiff
was
diagnosed
with
trigemenal
deafferentation,
most
likely
as
a
result
of
the
apicoectomies
performed
at
UCLA.
Plaintiff
went
on
to
treat
with
approximately
20
to
30
other
health
care
practitioners
to
alleviate
her
pain.
Two
of
three
specialists
recommended
a
three-part
program
of
physical
therapy,
vocational
rehabilitation,
and
psychotherapy.
If
this
program
failed,
plaintiff
would
need
to
undergo
gamma
knife
surgery
to
her
brain.
Plaintiff
claimed
unrelenting,
excruciating
pain
to
the
right
side
of
her
face,
forehead,
lips,
mouth,
tongue,
neck
and
shoulder.
Plaintiff
claimed
past
medical
specials
of
$35,000;
future
estimated
medical
specials
of
$350,000;
past
lost
earnings
of
$60,000;
and
unspecified
future
loss
of
earnings.
Plaintiff
filed
a
C.C.P.
§
998
offer
to
compromise
in
the
amount
of
$1,500,000.
This
demand
was
reduced
to
$900,000
on
the
first
day
of
trial.
Defendant
offered
$9,999.
After
deliberating
for
two-and-a-half
hours,
the
jury
returned
with
a
defense
verdict.
The
jury
poll
was
11-1.
Trial
lasted
eight
days.
|
| Automobile
Liability |
Defense
Attorney
Robert
L.
Reisinger |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles |
Judge
Ramona
See |
|
Mr.
Reisinger
was
asked
to
step
in
and
try
this
rear-end
automobile
accident
case
which
had
been
handled
previously
by
another
defense
firm.
The
original
defense
firm
served
a
C.C.P.
Section
998
Offer
to
Compromise
on
Plaintiff
for
the
policy
limit
of
$15,000.
Plaintiff,
a
60
year
old
vice
president
of
a
major
retail
corporation,
rejected
the
offer
to
compromise
and
argued
that
Mr.
Reisinger's
client
was
100%
liable
for
the
rear-end
accident,
and
that
she
injured
both
her
neck
and
low
back
in
the
incident.
Further,
the
Plaintiff's
orthopedic
treating
doctor
testified
at
trial
that
the
Plaintiff
suffered
a
disc
protrusion
at
L4-5
due
to
the
accident
and
that
she
will
have
pain
in
her
low
back
for
the
rest
of
her
life.
By
the
time
trial
commenced
the
Plaintiff
had
undergone
three
epidural
injections
in
her
low
back
and
her
medical
expenses
totaled
over
$25,000.
Mr.
Reisinger
argued
that
the
vehicle
that
turned
in
front
of
Plaintiff
forcing
her
to
stop
abruptly,
was
partially
at
fault
for
the
accident
and
the
jury
agreed
and
found
10%
liability
on
that
unknown
party.
With
regard
to
damages,
Plaintiff's
counsel
asked
the
jury
to
award
all
of
the
Plaintiff's
medical
specials
which
were
approximately
$25,000
and
award
her
approximately
$500,000
for
pain
and
suffering
since
she
would
continue
to
have
low
back
pain
for
the
rest
of
her
life
according
to
her
orthopedic
surgeon.
Mr.
Reisinger
asked
the
jury
to
award
the
Plaintiff
only
the
medical
expenses
associated
with
her
neck
treatment
for
three
months
following
the
accident
as
well
as
only
three
months
of
pain
and
suffering.
As
a
result,
Mr.
Reisinger
asked
the
jury
to
award
the
Plaintiff
a
total
of
$6,850.
After
deliberating
for
several
hours,
the
jury
awarded
the
Plaintiff
a
grand
total
of
$6,850
as
requested
by
defense
counsel.
Mr.
Reisinger
has
now
filed
a
Cost
Memorandum
on
behalf
of
his
client
in
the
amount
of
$31,845
due
to
the
fact
that
the
Plaintiff
did
not
accept
the
C.C.P.
Section
998
Offer
to
Compromise
and
therefore,
this
case
will
result
in
a
net
award
to
his
client
of
$24,995.
After
trial,
the
jury
confirmed
their
12-0
verdict
in
this
matter
by
indicating
that
they
did
not
believe
that
the
Plaintiff
injured
her
low
back
in
this
rear-end
accident.
|
| Dental
Malpractice |
Defense
Attorney
Mitchell
D.
Kaylor |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles
(Beverly
Hills) |
|
|
The
Breen
case
was
set
for
trial
on
May
14,
2007,
in
the
Beverly
Hills
Superior
Court
before
Judge
Lisa
Hart
Cole.
Trial
was
expected
to
last
two
weeks.
Plaintiff
alleged
that
the
insured's
failure
to
prescribe
antibiotics
prior
to
dental
treatment
led
to
an
infection
of
her
breast
implants.
Plaintiff
had
four
subsequent
surgeries,
resulting
in
extreme
scarring
and
disfigurement.
The
demand
was
$350,000,
reduced
to
$150,000
prior
to
trial.
Defendant
offered
$50,000.
On
the
first
day
of
trial,
motions
in
limine
were
heard
by
the
Judge.
One
was
to
preclude
plaintiff's
experts'
testimony
on
causation.
After
oral
argument,
trial
was
continued
for
one
week
to
allow
Evidence
Code
§
402
hearings
as
to
the
experts'
testimony.
Cross-examination
by
Mr.
Kaylor
of
plaintiff's
main
expert
resulted
in
the
case
being
dismissed.
|
| Insurance
Bad
Faith |
Defense
Attorneys
Timothy
L.
Walker,
K.
Michele
Williams |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles |
Judge
David
Workman |
|
Plaintiffs
sued
their
homeowner
insurance
carrier
over
the
handling
of
a
water
damage
claim
that
ultimately
developed
into
mold.
Plaintiffs
contended
that
defendant
insurance
company
was
slow
to
investigate
the
extent
of
the
water
damage
and
hired
an
inferior
contractor
to
dry
down
the
home
which
resulted
in
mold.
Plaintiffs
further
contended
that
once
the
mold
developed,
the
insurance
company
was
slow
to
respond
to
investigate
the
mold
and
that
the
plaintiffs
had
to
hire
their
own
hygienist
who
verified
the
existence
of
the
mold.
Plaintiffs
further
contended
that
following
mold
remediation,
the
defendant
insurance
company
undervalued
the
cost
of
restoration
of
the
home
and
failed
to
adequately
compensate
the
plaintiffs
for
loss
of
use
expenses
and
storage
of
the
contents.
Defendants
claimed
that
they
acted
appropriately
and
promptly
at
all
times.
Once
mold
was
discovered
by
the
plaintiffs'
hygienist
the
insurance
company
stepped
up
and
fully
covered
all
damages
including
mold
remediation,
additional
living
expenses
and
storage
of
contents.
Further,
the
insurance
company
accurately
evaluated
the
cost
of
repair
to
the
home.
The
trial
lasted
6
weeks.
Prior
to
the
trial,
the
plaintiffs'
demand
was
$7,000,000
and
the
defendant
made
a
998
Statutory
Offer
to
Compromise
of
$251,000.
The
jury
awarded
the
plaintiffs
$150,000.
However,
because
the
award
was
less
than
the
defendant's
offer,
defendant
was
awarded
costs
of
over
$300,000
which
resulted
in
a
net
verdict
in
favor
of
the
defendant
of
$150,000.
|
| Premises
Liability |
Defense
Attorney
Robert
L.
Reisinger |
| Superior
Court
for
the
State
of
California,
County
of
Los
Angeles |
Judge
Aurelio
Munoz |
|
Plaintiff
underwent
surgeries
on
her
right
wrist
and
right
middle
finger
two
months
before
staying
| | | |