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Personal Injury (Non-Vehicular)
Professional Negligence
Chiropractic Negligence

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

Glenn A. Ritchey Jr.

Court

Stanislaus Superior


Attorneys

Plaintiff

Heidi C. Taylor


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)


#80684

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