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
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
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
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