Young v. Dunning, et al.
Published: Mar. 20, 1999 | Result Date: Feb. 1, 1999 | Filing Date: Jan. 1, 1900 |Case number: 97AS04704 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Darren Scott Edson
(medical)
Defendant
Barry Simon
(medical)
John B. Richards
(Law Office of John B. Richards)
(medical)
Richard J. Dunning
(medical)
Facts
On Dec. 15, 1996, plaintiff Young, a 32-year-old sign maker, claimed that when he presented with intense acute abdominal pain and voimiting to Mercy San Juan Emergency department, he should have been diagnosed as having appendicitis. The diagnosis was abdominal pain of unknown etiology and gastroenteritis. He was given instructions to be re-checked in two days if no improvement, but did not do so for four days at which time appendicitis was diagnosed at the UC Davis Medical Center. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff did not make a settlement demand prior to trial. The defendant made no offer.
Specials in Evidence
$1,400
Damages
$1,400 (wage loss); $350,000 - $400,000 (non-economic general damages).
Injuries
The plaintiff claimed more extensive surgical scar and ileocecal (intestinal) resection due to perforation of appendix.
Other Information
A settlement conference was held on Dec. 9, 1998, before Dept. 64 resulting in no settlement. According to the plaintiff, the plaintiff's counsel spoke with some of the jurors after the verdict and they generally stated that defendant's expert was more believable, therefore, plaintiff had a difficult time carrying the burden of proof. According to the defendant, defendant's expert witness testimony was compelling in favor of the defense. The plaintiff's testimony and witnesses suffered from significant credibility problems.
Deliberation
two hours
Poll
12-0 (negligence)
Length
nine days
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