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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Martin v. Levi

Published: Mar. 20, 1999 | Result Date: Jan. 19, 1999 | Filing Date: Jan. 1, 1900 |

Case number: YC028475 Verdict –  $0

Judge

Judith O. Stein

Court

L.A. Superior Beverly Hills


Attorneys

Plaintiff

David Kyle


Defendant

Kippy L. Wroten


Experts

Plaintiff

Harvey J. Dlugatch
(medical)

Stephen Hwang
(medical)

Marilyn Granas
(technical)

Defendant

Jorgen Slots
(medical)

Joel Reims
(medical)

Facts

On June 1, 1995, plaintiff Martin, an actress, model and author, claimed that Dr. Levi, D.D.S., performed periodontal surgery without her consent. There were two consent forms in plaintiff's file, neither of which were signed. The surgery was gingivectomy to remove amalgam tattoo believed to be caused by the leaking crown. The plaintiff suffered "hole" in gums between teeth No. 11 and 12. The plaintiff brought this action against the defendant based on dental malpractice and lack of informed consent.

Settlement Discussions

The plaintiff while in pro per, made a first demand of $769,000, then, when represented by counsel, made a C.C.P. º998 settlement demand for $35,000. The defendant made a C.C.P. º998 offer of compromise for a waiver of costs.

Injuries

The plaintiff suffered hole between teeth No. 11 and 12 in gums.

Result

Please provide city of locale of experts Stephen Hwang _______________, Harvey Dlugatch ________________, Marilyn Granas _______________

Other Information

According to the plaintiff, the judge appeared to be incompetent and has since been reported to the Judicial Counsel by her sheriff's bailiff of five years. A review of the trial transcript will disclose that the judge's rulings were consistently contrary to the law. The matter is being prepped for appeal.

Deliberation

three hours

Poll

12-0 (negligence), 11-1 (informed consent)

Length

nine days


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