Timothy W. Fraser, D.D.S., Ltd., Timothy Fraser, an individual, Mary Beth Smith, Ava Riva, and Beverly D. Male v. Andrew Maynard, et al.
Published: Sep. 20, 1994 | Result Date: May 26, 1994 | Filing Date: Jan. 1, 1900 |Case number: CV904938 – $0
Judge
Court
Washoe County District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ivan Dodov
(technical)
James G. Dahlgren M.D.
(medical)
John Diamond
(medical)
William R. Denney
(medical)
William A. Faia
(medical)
Douglas Brodie
(medical)
John Seher
(technical)
Hal A. Huggins
(medical)
Thomas F. Cargill
(technical)
Robert A. McLellan
(technical)
Robert F. Cathcart III
(medical)
David D. Rinaldi
(technical)
Defendant
Thomas L. Kurt
(medical)
William Bulkeley
(technical)
Barry Yeomans
(technical)
Douglas W. Coordes
(technical)
Facts
This personal injury action arose from claimed illness, allegedly caused by air contaminated with mercury, cobalt, aluminum and other toxic elements, heavy metals, and compounds. The Plaintiffs included a dentist, 3 of his staff members, and the dentist's professional corporation. The named Defendants were: Andrew Maynard; Estate of Miles F. Sullivan; Winifred Sullivan as Trustee of the Sullivan Family Trust dba Lakeside Medical Center; and Does 1 through 15, inclusive. The dentist was a tenant at the Lakeside Medical Center ("LMC") from 1983 until 1990 when he left his practice, claiming to be sick from chemical exposures in his suite. The Plaintiffs alleged that they became ill due to increasingly contaminated air in their professional office suite allegedly caused by 3 separate events: (1) A faultily installed heating and air circulating system (HVAC). The HVAC was installed when the building was constructed in 1983. The HVAC system was installed by a subcontractor hired by the Defendant Andy Maynard. Mr. Maynard was the general contractor who completed the building for the building's owner. Both Mr. Maynard and the building owner allegedly tried on numerous occasions to accommodate the dentist following his numerous complaints about the suite becoming excessively hot. (2) During the construction of a major addition to LMC in 1990, Olympic brand Number 717 wood stain was being applied to individual boards to be placed on the exterior of the building. The contractor had set up a well-ventilated interior room adjacent to the dentist's suite in which to stain the boards during inclement weather. The Plaintiffs alleged they were poisoned and overcome by toxic fumes emanating from the wood stain when the boards were being stained inside the building. The Defendant Maynard was the contractor who built the addition and who was directly responsible for the use of the wood stain. (3) During the construction of the addition, Plaintiffs alleged they were poisoned and overcome with dust from Mr. Maynard's use of Hamilton brand sheet rock taping and texturing compound containing phenyl mercuric acetate. Maynard had hired a sheet rock subcontractor to complete all sheet rock work on the addition. The Plaintiffs went to numerous doctors who advised the Plaintiffs they suffered from a toxic exposure from breathing heavy metals in the air of the dental suite, causing damage to their immune systems. Following these exposures, the dentist was encouraged by some of his doctors to leave his practice because he could no longer tolerate exposure to the normal compounds and chemicals typically found in the dental environment. The dentist sold his practice at a substantial discount and left his profession. The dentist had a long medical history of treating for heavy metal and mercury toxicity which began a number of years before the dentist occupied the LMC. All Plaintiffs except the dentist and his corporation settled prior to trial.
Settlement Discussions
Defendants contend they offered a total of $75,000 and the Plaintiff dentist and his corporation demanded $1,500,000. Plaintiff contends his demand was $800,000.
Specials in Evidence
$914 (Smith) $1,965 (Male) and unknown (Riva) disputed (Frazer) $110,000 per year (Fraser); $38,385 (Smith); $2,360 (Male); and $4,175 (Riva) $657,000 to $862,000 (Frazer)
Damages
Dr. Fraser: $657,000 to $862,000 plus medical expenses and unspecified general damages. The professional corporation: $90,000. Beth Smith $38,385 (LOE); $914 (Medical). Beverly Male $2,360 (LOE); $1,965 (Medical). Ava Riva $4,175 (LOE); unknown (Medical).
Injuries
Plaintiffs experts stated: Plaintiff dentist suffered toxicity due to exposures of heavy metals; peripheral nerve damage and damage to immune system; with a recommendation that the dentist leave the practice of dentistry due to "multiple chemical sensitivity." Defendants' experts stated: The dentist was never poisoned, nor did he ever suffer a toxic exposure to any chemicals; the dentist suffered anxiety from his belief that he was exposed from breathing heavy metals; and that belief of the dentist turned into mass hysteria reaction with his staff and other Plaintiffs. In addition, Defendants' experts claimed that there is no such diagnosis in traditional modern medicine for "multiple chemical sensitivity" and the treatment rendered by Plaintiffs' doctors was inappropriate.
Other Information
Prior to trial the following settlements were accepted by Plaintiffs: $8,000 to Ava Riva; $9,000 to Beverly Male; and $9,000 to Beth Smith. Defendant Maynard was awarded $30,000 in attorney fees and $13,499 in costs. Sullivans were awarded $20,739 in costs.
Deliberation
7 hours
Poll
8-0
Length
7 days
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