Joseph Doody v. Castle Rock Health Care Services Inc. dba Advanced Medical Sales
Published: Apr. 13, 2002 | Result Date: Feb. 4, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC759112 Verdict – $207,025
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Catherine A. Richardson
(Office of the San Diego City Attorney)
Defendant
Experts
Plaintiff
Daniel D. Lozano
(medical)
Lennard Wharton
(technical)
Defendant
Robert A. Kadlec
(technical)
Facts
The plaintiff was a 73-year-old man who relied on a portable oxygen unit after lung surgery in 1998. On Dec. 19,
1999, the plaintiff and his roommate, Bill Coughlin, met friends at the Lamb Theater to attend a Christmas
show. They enjoyed the first half of the play and, at intermission, the plaintiff went to use the restroom. When
he came back, he carefully placed the heavily padded bag containing the oxygen tank, which had a regulator
and electronic oxygen conserver, on the floor between his legs and cradled it with his feet. Seconds after he put
the canister down and settled back in his seat, he saw a flash of blue flames coming up from the floor in front
of him. At first, he did not know what had happened. Then he realized that the oxygen system he had leased
from the defendant had somehow burst into flames and his legs were on fire.
Immediately, a theater guard rushed over to the plaintiff, pulled him out of his seat, and rolled him on the floor
to extinguish the flames. The manager of the theater successfully extinguished the burning oxygen equipment
and called the fire department and an ambulance. The paramedics treated the plaintiffÆs burns, gave him
oxygen, and transported him to Coronado Hospital.
Two days later, he was admitted to UCSD Medical Center Burn Unit. He suffered third degree burns to his
ankle and calf. Eventually, he had three surgeries performed, including the grafting of skin taken from his thigh
and placed over his burns. While in the hospital, he suffered respiratory distress and was transferred to the ICU
for two days.
The plaintiff filed suit based on theories of negligence, products liability (design defect,
manufacturing defect, failure to warn), and breach of express and implied warranties.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $160,000 in November 2001, reduced to $100,000, 10 days before trial. The defendant made a C.C.P. Section 998 offer of $75,000 before trial.
Specials in Evidence
$107,024.68
Injuries
The plaintiff suffered third degree burns to his ankle and calf. He had scarring at both locations as well as the graft donor site on his thigh.
Other Information
The verdict was reached approximately one year after the case was filed.<E>The plaintiff had designated his treating physicians as expert witnesses. However, his burn doctor passed away prior to the designation; his replacement at the burn unit was designated as a non- retained expert. Just before the doctor testified, the defendant moved to preclude him from giving expert opinions based on the fact that he was non-retained. The court permitted him to testify as to his expert opinions on causation and damages. The defendant filed a motion in limine to exclude a subsequent safety alert issued by the manufacturer of the regulator advising against the use of nylon gaskets. The court, during trial, denied the motion and allowed the safety alert into evidence.</E>
Deliberation
two days
Poll
9-3 (liability), 11-1 (damages)
Length
four days
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