Stanley Ford, by and through his Guardian ad Litem, Michael Ford v. Robert Norton, Harvey Biala
Published: Dec. 23, 2003 | Result Date: Jul. 17, 2003 | Filing Date: Jan. 1, 1900 |Case number: 5830435 Verdict – $280,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Gayle D. Hearst
(McCormick Barstow LLP)
Michael E. Lehman
(Ericksen Arbuthnot)
Experts
Plaintiff
S. Miles Estner
(medical)
Todd Thies
(medical)
Scott Mowrey
(technical)
Defendant
Gerald D. Martin
(technical)
Robert Norton
(technical)
Allan G. Hedberg
(medical)
Rick A. Sarkisian
(technical)
Facts
On Nov. 28, 1995, plaintiff Stanley Ford voluntarily admitted himself to Cedar Vista Hospital, a psychiatric facility in Fresno, for care and treatment. Upon admission, Ford was diagnosed by defendant Robert Norton, Ford's treating psychologist, as psychotic and schizophrenic and was initially placed in the "open unit" of the hospital and prescribed anti-psychotic medications by a consulting psychiatrist. Ford's condition declined at Cedar Vista, and at approximately midnight on Dec. 2, he was involuntarily held under Welfare and Institutions Code section 5150 as gravely disabled and a danger to others. Biala, plaintiff's consulting psychiatrist at the time, gave the order and had the plaintiff assessed for the section 5150 hold (Involuntary detention commenced pursuant to section 5150 is to last for 72 hours so that the detainee can be provided with treatment evaluation. Once a hold is commenced pursuant to section 5150, the only means by which the detainee may be lawfully released prior to the expiration of the full 72-hour period is in accordance with the procedure of Welfare and Institutions Code section 5152(a), which requires that the psychiatrist directly responsible for the person's treatment believe, as a result of his her personal observations, that the person no longer requires evaluation or treatment). Less than 12 hours after the 5150 hold, Ford was released from the hold and discharged from the hospital by Norton. Within five hours of his release from Cedar Vista, Ford, while in a psychotic and delusional state, stabbed his roommate in the back with a knife causing him to suffer severe injuries. Ford was, thereafter, charged criminally for the assault, but was subsequently found not guilty by reason of insanity and was incarcerated at Atascadero State Hospital and later Napa State Hospital, where he remained for approximately three years. Ford, through his guardian ad litem, sued Norton and Biala for medical malpractice. On Oct. 26, 1998, the parties originally appeared for jury trial, but before a jury was impaneled, the court granted the defendants' motion for nonsuit and dismissed the case. Ford filed an appeal and the judgment of dismissal was reversed by the Fifth District in a published decision (Ford v. Norton [2001] 89 Cal.App.4th 974). On June 30, 2003, trial commenced against Norton only. Biala settled with Ford just prior to trial for a confidential amount. Ford contended that Norton negligently treated and released him from the hospital. Norton denied negligence, asserted that plaintiff and Biala were negligent, and denied that Ford had suffered any damages.
Specials in Evidence
Plaintiff claimed $1.2 million for lost wages and pain and suffering.
Damages
Ford claimed damages for lost wages, as well as for pain and suffering. He asked the jury for $1.2 million.
Other Information
In a bifurcated trial, Norton's statute of limitations defense was heard first. The defense lost and the case proceeded to the liability and damages phase. The jury found in favor of Ford and awarded him $280,000, finding Norton 100 percent responsible. The judgment was subsequently reduced by the amount of Biala's settlement.
Deliberation
two days (both phases)
Length
nine days (both phases)
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390