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Personal Injury (Non-Vehicular)
Dental Malpractice
Negligent Care

Maria Reyes v. Marissa Tayag, D.D.S.

Published: Feb. 15, 1997 | Result Date: Jan. 22, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 7474 –  $0

Judge

Barbara Tam Nomoto-Schumann

Court

Orange Superior


Attorneys

Plaintiff

Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)


Defendant

Thomas G. Wianecki
(Wesierski & Zurek LLP)


Experts

Plaintiff

Robert T. Simon
(The Simon Law Group LLP) (medical)

Defendant

Marissa Tayag
(medical)

Robert Gary Klein
(Law Offices of Robert G. Klein) (medical)

Nora Caballero
(medical)

Facts

On March 7, 1994, plaintiff Maria Reyes, a 36-year-old janitorial worker, sought general dental care and treatment at the dental office of Dr. Nora Caballero. From March 7 to June 24, 1994, the plaintiff was seen and treated by defendant doctor Marissa Tayag, a general dentist of the Caballero office. The plaintiff later claimed that she developed temporomandilar joint syndrome. The plaintiff brought this action against the defendant dentist based on negligence and dental malpractice theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $150,000, decreased to a C.C.P. º998 settlement demand of $40,000. The defendant made no settlement offers.

Specials in Evidence

$5,000 (per the defendant) $____________ $____________ $11,500 (per the defendant)

Injuries

The plaintiff alleged she suffered TMJ, requiring TMJ therapy and treatment, as well as the need for $11,500 of dental care for additional restorative work in the lower right portion of her mouth.

Other Information

An arbitration was held before William Lawson, III resulting in a defense award.

Deliberation

1 hour, 50 minutes

Poll

9-3

Length

2+ days (per the plaintiff), 4 days (per


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