Elaine Kohler, et al. v. Jeffrey Lobosky, M.D., and Jeffrey Lobosky, M.D., Inc.
Published: Feb. 7, 1998 | Result Date: Oct. 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: 101340 Verdict – $0
Judge
Court
Butte Superior
Attorneys
Plaintiff
Defendant
George E. Washington
(Washington & Washington)
Experts
Plaintiff
Eugene Buys
(medical)
Bruce L. Burke
(medical)
Defendant
William S. Andereck
(medical)
Franklin C. Wagner
(medical)
Facts
On April 4, 1988, plaintiff Kirk Kohler, a 24-year-old college student, struck his head on a car bumper while at a fraternity party. Plaintiff suffered severe injuries and went into a coma. Defendant Dr. Jeffrey Lobosky, an on-call surgeon, treated plaintiff and eventually performed necessary surgery to relieve the swelling and pressure in plaintiff's head, which plaintiff claimed caused him severe and permanent injury. Plaintiffs brought this action against defendants based on a medical malpractice theory of recovery. The trial was bifurcated as to liability.
Settlement Discussions
Plaintiffs' settlement demands were not disclosed. The defendants made a C.C.P. º998 offer of compromise for a waiver of costs in exchange for a dismissal.
Injuries
Plaintiff claimed to suffer severe neurological injuries and brain damage.
Other Information
The verdict was reached approximately eight years after the case was filed. Numerous settlement conferences were held which did not resolve the matter.
Deliberation
three hours
Poll
11-1
Length
six days (bifurcated as to liability)
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