Maria L. Rayos v. Michael Gold
Published: Jun. 28, 2005 | Result Date: Feb. 16, 2005 | Filing Date: Jan. 1, 1900 |Case number: INC025204 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
John G. Evans
(Judicate West)
Experts
Plaintiff
Arthur Platt
(medical)
Marco Cazares
(medical)
Leonard Weston
(medical)
Roland Reinhart
(medical)
Defendant
Irvin Gettleman
(medical)
Facts
Maria Rayos, a 47-year-old registered nurse, was a circulation nurse in an operating room during a c-section operation. Michael Gold M.D., the anesthesiologist for the procedure contended he gave Rayos oral instructions. When she failed to follow the instructions, Gold walked over to her, put his hand on her to get her attention, and told her to focus on the case. Rayos became embarrassed and left the operating room. Rayos contended that Gold had grabbed her around the neck from behind and twisted her head. Rayos sued Gold, alleging battery. Gold denied her allegation, contending that he merely placed his hand on her shoulder.
Settlement Discussions
Rayos demanded $15,000 exclusive of workers' compensation. Gold offered $5,000 (C.C.P. Section 998). The arbitrator ruled in favor of Gold.
Specials in Evidence
$52,000 (stipulated) $76,000
Injuries
Rayos claimed to have neck injury with pain radiating to her shoulders, as well as emotional distress. Gold's experts testified that Rayos' injuries were soft-tissue in nature and would resolve with two to six weeks of physical therapy.
Deliberation
45 minutes
Poll
12-0
Length
six days
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