This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
ADA
Disability Discrimination

John Taylor v. John F. Mack, D.D.S. Inc.

Published: May 20, 2003 | Result Date: Feb. 5, 2003 | Filing Date: Jan. 1, 1900 |

Case number: RIC343457 Verdict –  $0

Judge

E. Michael Kaiser

Court

Riverside Superior


Attorneys

Plaintiff

Russell C. Handy
(Center for Disability Access)


Defendant

Douglas C. Smith
(Smith Law Offices LLP)


Experts

Plaintiff

Burton Morrow
(medical)

Defendant

Michael Mulvehill
(medical)

Facts

The plaintiff, a 41 year-old quadriplegic who is confined to a wheelchair argued that his dentist discriminated against him by refusing to treat him. The plaintiff had an appointment at the defendant's office on February 27, 2000. He alleged that the defendant and his staff refused to assist him with the completion of his paperwork and failed to provide him with dental services, violating the Americans with Disabilities Act and California's Unruh Civil Rights Act.

Settlement Discussions

The plaintiff demanded $60,000 initially at mediation. On the eve of closing arguments, the plaintiff offered to dismiss the case in exchange for a waiver of costs. There was no offer.

Damages

The plaintiff sought injunctive relief and unspecified damages.

Result

On a special verdict form, the jury found that the plaintiff was denied dental treatment because of his disability but also found that the defendant had a reasonable medical basis for doing so.

Deliberation

six hours

Length

one week


#106667

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390