Confidential
Settlement – $112,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
David P. Pruett
(Carroll, Kelly, Trotter, Franzen, McKenna & Peabody)
Experts
Plaintiff
Robert T. Miner
(medical)
Defendant
David L. Wood
(medical)
Facts
On Jan. 13, 1996, plaintiff, a 27-year-old mother and housewife, went to defendant doctor for a "tummy tuck" procedure. During the procedure plaintiff's belly button was detached and then reattached in the wrong position. One month later, a second "tummy tuck" was done to improve the appearance of the belly button. Thereafter, plaintiff went back to see the defendant doctor on two separate occasions and then stopped because she felt the defendant doctor was making inappropriate sexual comments. The plaintiff brought this action against the defendant doctor based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $29,999, reduced to $20,000 on day of trial. The defendant made a C.C.P. º998 waiver of costs offer.
Specials in Evidence
$5,000 (future correct surgery)
Injuries
The plaintiff claimed an unattractive scar.
Other Information
The case went to trial where the jury awarded $98,500 in compensatory damages and $11,500 in costs and interest. Defendant doctor testified he left his surgical internship at USC because he "was too overqualified." Over objection, plaintiff called the former Dean of Medicine at USC who testified that defendant was terminated for incompentence, and defendant had then sued USC for wrongful termination. The case settled with post-trial motions for the reported amount.
Deliberation
three hours
Poll
11-1
Length
four days
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