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Personal Injury (Non-Vehicular)
Medical Malpractice
Premises Liability

Joseph A. Klein v. St. Francis Medical Center of Santa Barbara

Published: Aug. 20, 2002 | Result Date: Apr. 12, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 01042755 Verdict –  $0

Judge

J. William McLafferty

Court

Santa Barbara Superior


Attorneys

Plaintiff

David Ellison


Defendant

William W. Clinkenbeard
(Clinkenbeard, Ramsey, Spackman & Clark LLP)


Experts

Plaintiff

Shelly Lynn James
(medical)

Defendant

Kathleen J. Pojunas
(medical)

Facts

The plaintiff, a 64-year-old contract manager for Boeing, was scheduled for an outpatient MRI of the cervical
spine at St. Francis Medical Center.
Within moments of his insertion into the MRI tunnel, he became claustrophobic and
requested to be removed. As he was being pulled out, he sat up, jumped off the table and fell to
the floor, injuring his right shoulder.

Settlement Discussions

The plaintiff submitted a demand of $100,000. The defendant made no offer.

Specials in Evidence

$5,000

Injuries

The plaintiff claimed soft-tissue injuries to his right shoulder and neck and additionally, as a result of the accident, he was obliged to retire from an annual salaried ($80,000) position with Boeing as a contract manager.

Other Information

The case was bifurcated and the defendant tried on liability only. Because of the bifurcation, no evidence of injuries or specials were presented during the trial.

Deliberation

one hour

Length

three days


#123397

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