Michael Hamod, et al. v. Miller Enterprises, Inc., et al.
Published: Mar. 16, 1996 | Result Date: Nov. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: 5189907 – $173,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Dean B. Gordon
(Law Office of Dean B. Gordon)
Defendant
Experts
Plaintiff
Howard B. Terrell
(medical)
Thomas R. Callahan
(medical)
Harry J. Bonnell
(medical)
Jacquelyn Taylor
(technical)
Defendant
Khosrow Asfari
(medical)
Facts
In March of 1994, the decedent, George Hamod, was hospitalized due to a perforated colon. Following surgery, the decedent required a respirator. As his post-operative condition improved, his physicians began to wean him from the respirator. The decedent was left unattended for approximately 30 minutes during the time he was being weaned and he aspirated and had to be resuscitated. Thereafter, the decedent lapsed into a near-vegetative state, and was transferred to another hospital where he died approximately ten days later. An employee of the defendant, Miller Enterprises, Inc., removed the decedent's body and took it to the mortuary's refrigeration unit in Visalia. Several of the plaintiffs, all of whom were the adult children of the decedent, contacted the defendant's mortuary and requested that their father's body be held for autopsy so that they could determine the cause of death and evaluate a possible medical malpractice claim. Thereafter, the decedent's body was to be buried in the family's plot near Fresno. When the decedent's body was in the Visalia mortuary, the defendant, Van Stevenson, an employee of the defendant, Miller Enterprises, Inc., mistakenly cremated the decedent's body. This was done contrary to the family's wishes. The plaintiffs, the decedent's seven adult children and the decedent's ex-wife and four step-children, brought this action against the defendants based on negligent infliction of emotional distress, breach of contract and spoliation of evidence theories of recovery. The plaintiff ex-wife voluntarily dismissed her case during cross-examination and a non-suit was granted against the four step-children.
Settlement Discussions
The plaintiffs each made a C.C.P. º998 settlement demand for $49,999. The defendants offered each plaintiff $5,000 at mediation. At trial, the seven remaining plaintiffs asked the jury for a minimum of $90,000 each ($630,000 total) and the defendants asked the jury to award no more than $58,000 (total) in closing argument.
Damages
The plaintiffs claimed loss of opportunity to bring a medical malpractice claim.
Injuries
The plaintiffs claimed emotional distress damages as a result of the defendants' actions.
Result
A mediation was held on August 3, 1995, before Judge Eugene Krum, retired of the Superior Court which did not resolve the matter.
Other Information
The verdict was reached approximately one year after the case was filed. The plaintiff, William Jason Hamod, was awarded $58,000; plaintiff, Linda Lehmann, received $10,000; the plaintiff, Michael Hamod, received $15,000; plaintiff, Margaret Lee, received $20,000; plaintiff, Carol Nelswonger, received $15,000; plaintiff, Patricia Torres, received $27,500; and plaintiff, William G. Hamod, received $27,500.
Deliberation
2 days
Poll
12-0
Length
6 weeks
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