Facts

Plaintiff Y. Lee went to Dr. Byungmoo Lee's office regarding a dental implant on a referral. There, she received two implants from Dr. Kian Kar in September 2004. She was in immediate pain and returned to the dental office where the painful implant device was removed. The plaintiff is a 45-year-old dialysis nurse, wife and mother.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the defendant used a 10 mm implant device (screw) instead of an 8 mm device. The screw went into the inferior alveolar canal by 1 mm.

DEFENDANT'S CONTENTIONS:
The defendant contended that the initially stated implant device was to the side of the inferior aveolar canal. The defendant claimed that the condition was below standard because the nerve should regenerate on its own.

Settlement Discussions

The plaintiff made no formal demands. Defendant Lee made a C.C.P. Section 998 offer for a waiver of costs. Lee made no offer at MSC. At trial, he offered $10,000, then pulled out before it expired. Defendant Kar made a C.C.P. Section 998 offer for a waiver of costs. Kar offered $50,000 at MSC. He made no offer at trial.

Specials in Evidence

$1,000; $118,572; $1,099,951 (present value) $186,235 (present value);

Damages

$250,000 for pain and suffering;

Injuries

The plaintiff suffered depression, anxiety, unemployability, and pain to her left jaw and cheek.

Result

The plaintiff awarded $2,623,076 (actual; $1,655,758 (present value). Defendant Kar settled for $1.5 million policy limits.

Other Information

Motions for new trial and JNOV were denied. Dr. Lee has filed a notice of appeal on the $155,758 plus costs remaining. FILING DATE: Sept. 23, 2005.

Deliberation

half day

Poll

11-1

Length

six days