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Personal Injury (Non-Vehicular)
Dental Malpractice
Negligence

Maria Silveira v. Daniel White, DDS., et al.

Published: Jun. 17, 1995 | Result Date: Apr. 28, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 92283 –  $57,444

Judge

Robert M. Hinrichs

Court

Monterey Superior


Attorneys

Plaintiff

Edwin J. Zinman


Defendant

Kathleen A. Murphy

David G. Brown


Experts

Plaintiff

Scott Milliken
(medical)

Alton M. Lacy
(medical)

Barry B. Staley
(medical)

Galen Wagnild
(medical)

Defendant

Joseph Krajewski
(medical)

Warden H. Noble
(medical)

Facts

In 1990, Plaintiff Maria Silveira, a 39-year-old geriatric attendant, sought treatment from Salinas general dentist, Defendant Daniel White, D.D.S., with complaints of a chipped tooth. Defendant diagnosed the need for 9 crowns and a bridge.

Settlement Discussions

Plaintiff contends she made a 998 demand of $50,000 and Defendant's insurance carrier was willing to accept; however, Defendant refused consent.

Specials in Evidence

$17,770

Damages

Plaintiff asked the jury to award $80,000. Defendant asked the jury to award the Plaintiff nothing; or alternatively find Plaintiff 60 percent comparatively negligent with a net award of $2,400 ($6,000 gross).

Injuries

Twelve units of crown and bridge replacement, periodontal crown lengthening surgery, and 3 root canals; future periodontal treatment for restorative care.

Result

On special verdict, the jury found no comparative fault.

Other Information

This Defendant has approximately 13 cases still pending against him; this evidence did not go to the jury.

Deliberation

4 hours

Poll

9-3

Length

8 days


#116693

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