Atul Gupta v. Cedars Sinai Medical Center, Crothall Services
Published: Dec. 30, 2003 | Result Date: Oct. 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC258271 Verdict – $241,238
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Diane Goldman
(Law Office of Diane Goldman)
Experts
Plaintiff
Carl Sheriff
(technical)
Farshid F. Hekmat
(medical)
Defendant
Ned Wolfe M.E.
(technical)
Larry Stebelsky
(medical)
S. Andrew Schwartz M.D.
(medical)
Facts
The plaintiff was a resident physician employed by the County of Kern and doing a cardiac rotation at Cedars Sinai Hospital on Dec. 10, 2000. Cedars Sinai maintenance employees were mopping the floor in the cardiac intensive care unit where the plaintiff was working. As the plaintiff walked down one of the corridors in the unit, he slipped and fell on the floor.
Settlement Discussions
According to cross-complainant/defendant-in-intervention Cedars: Defendants Cedars Sinai and Crothall made a global offer to plaintiff and plaintiff-in-intervention for $100,000 before trial, with an indication of willingness to offer more. Plaintiff and plaintiff-in-intervention made a global demand of $150,000 before trial. According to plaintiff: Cedars did not offer anything close to $100,000 at any time. At the informal mandatory settlement conference prior to trial before Judge Mackey, Cedar's attorney said Cedars could not "get close" to $100,000 for plaintiff and they never offered over $11,000 to the intervenor.
Specials in Evidence
$45,238 $16,000
Injuries
Fractured patella and severed patellar tendon, requiring two past surgeries. An additional future surgery to remove a calcification that has formed outside the knee joint as a result of the injury and surgical repairs. Permanent residual knee problems interfering with plaintiff's occupation as an ER physician.
Result
Verdict for the plaintiff: $16,000 (economic damages); $180,000 (non-economic damages). Verdict for the intervenor, Kern County $45,238.
Other Information
A motion to amend the complaint to conform to proof will be heard on Dec. 24, 2003.
Deliberation
two hours
Poll
12-0 (liability), 12-0 (damages)
Length
eight days
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