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
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
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