Erica Enos v. Ben Grant May
Published: May 3, 2001 | Result Date: Feb. 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: 227997 Verdict – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Barry Vogel
(La Follette Johson De Haas Fesler & Ames)
Experts
Plaintiff
Lynn E. Ponton
(medical)
David Willat
(medical)
Defendant
Stephen M. Foreman
(medical)
Facts
From September 1998 to February 1999, the plaintiff, an 18-year-old single female dental assistant, sought
treatment from defendant for low back and leg pain. During 4-5 visits, the defendant allegedly inappropriately
touched the plaintiffÆs buttocks. During the last visits, he allegedly inappropriately touched her pubic area.
The plaintiff contended that the defendantÆs actions constituted battery, sexual battery, sexual harassment and
medical negligence.
The defendant admitted touching the areas in question but claimed that touching those areas was necessary for
treatment.
Specials in Evidence
$10,000
Injuries
The plaintiff suffered emotional distress.
Other Information
Waiver of costs in exchange for no appeal. Prior admission of Dr. MayÆs actions and his probation by the Board of Chiropractic Examiners was excluded.
Deliberation
45 minutes
Poll
12-0
Length
six (days)
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