Allan Sedaghat v. Sid Molayem, DDS
Published: Oct. 29, 2002 | Result Date: Jul. 22, 2002 | Filing Date: Jan. 1, 1900 |Case number: LC042260 Bench Decision – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Paul J. Cohen
(Jackson Lewis PC)
Defendant
Thomas L. Gourde
(Ray & Gourde LLP)
Experts
Plaintiff
William Beasley
(medical)
John J. Lytle
(medical)
Rick Schrager
(technical)
Michael Imberman
(medical)
Fred Haim
(medical)
Facts
The defendant, Sid Molayem, DDS, provided orthodontic treatment to the plaintiff, Alan Sedaghat, from Feb. 8,
1993, until July 10, 1996. The plaintiff was 15 years old when he first came to the defendant's office. The
plaintiff's mother, Jamalie Mohjobi, brought him for treatment. The defendant determined that the plaintiff had
a severe overbite and an underdeveloped mandible. On June 30, 1993, the plaintiff returned to defendant's
office for a complete consultation. The defendant explained to plaintiff and his mother the course of treatment
required, and that the plaintiff would need surgery. The defendant put braces on the plaintiff. However, the
plaintiff exhibited poor cooperation and broke many appointments, delaying his treatment. After the defendant
explained that surgery was needed to advance the mandible, the plaintiff's mother and brother told the
defendant that he should not consider any surgery.
After a consultation in July 1996, the plaintiff never returned. His braces were removed
by another orthodontist in the fall of 1996. Subsequently, the plaintiff was seen by several
orthodontists, and he underwent a second course of orthodontic treatment in 2000 and 2001.
Specials in Evidence
$4,000
Injuries
The plaintiff had loss of bone support around teeth, crowding of teeth, malocclusion, TMJ pain, and emotional injury and distress.
Result
On the sixth day of trial, the defendant moved for a directed verdict. The defendant also moved for dismissal based on the grounds that the plaintiff had abandoned his case and that the actions of the plaintiff's family, through his mother, who was also his conservator, were in violation of the local rules and therefore warranted dismissal pursuant to Code of Civ. Proc. Section 575.2. The court dismissed the case and entered judgment on behalf of the defendant.
Other Information
PLEASE PROVIDE US THE ADDRESS AND FAX NO. OF THE PLAINTIFF'S ATTORNEY, Paul J. Cohen.
Length
5.5 days
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