Facts

On June 14, 2002, defendant Nicholas Salaita extracted plaintiff's lower right wisdom tooth. During the surgery, defendant was alleged to have negligently severed Mr. Hagan's lingual nerve (tongue nerve). As a result, the right half of Mr. Hagan's tongue is permanently numb and he has no taste.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that severing the lingual nerve does not occur in the absence of negligence (res ipsa loquitar), and that Defendant was negligent.

DEFENDANT'S CONTENTIONS:
Defendant alleged that he complied with the standard of care at all times and that the complication suffered by the plaintiff occurred as the result of non-negligent causes.

Settlement Discussions

Defendant did not make any settlement offer. According to defendant, immediately prior to trial in settlement discussions between the parties suggested by Judge Hammer, plaintiff's counsel indicated that plaintiff would be willing to take $250,000 to settle the case.

Injuries

Plaintiff has permanent numbness of the right side of his tongue and has no taste on the right side.

Result

Verdict for plaintiff, $655,000. According to defendant, the entire verdict consisted of general damages ($250,000 past and $405,000 future pain and suffering). The court acknowledged that, pursuant to motion to be filed by defendant or by stipulation of the parties, the award would be reduced to $250,000 per Civil Code Section 3333.2.

Other Information

Motion for new trial was being considered by defendant on several grounds.

Poll

9-3

Length

two weeks