Hanlon v. Yust
Published: Feb. 4, 2003 | Result Date: Nov. 15, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC229802 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Sean M. Novak
(The Novak Law Firm PC)
Defendant
Michael D. Gonzalez
(Law Offices of Michael D. Gonzalez)
Experts
Plaintiff
Myles J. Cohen
(medical)
Moulton K. Johnson
(medical)
William O'Riordan
(medical)
Defendant
Charles S. Lane
(medical)
Roy Antelyes
(medical)
Facts
The plaintiffs, Larry and Clara Yust, owned a dog which escaped from their yard and bit Sheree Strong Hanlon on her right hand and wrist. Hanlon presented to the emergency room at Midway Hospital Medical Center where she was evaluated and treated by Emanuel Gordon, M.D. Dr. Gordon irrigated the wound, sutured the 2.5 centimeter laceration on the back of the hand over the wrist, and gave the patient a tetanus shot and instructions to return in 10 days to have the sutures taken out. The patient presented to her treating hand surgeon (she had a carpal tunnel release 16 days earlier) two days later. Dr. Myles Cohen evaluated the wound, found redness and swelling and removed the sutures. Dr. Cohen ordered antibiotics and close observation. The patient returned two days later and Dr. Cohen was able to culture pasteurella infection at the site of the wound. The patient was hospitalized that day and underwent surgery by Dr. Cohen which found penetration of the wound into the underlying wrist joint capsule with evidence of infection. The patient remained in the hospital on IV antibiotics for five days following the surgery, and required five months of occupational therapy to regain full use and enjoyment to the hand. Hanlon did not sue Dr. Gordon but she did sue the owner of the dog under the California Dog Bite Statute. The Yusts, the owners of the dog, cross-complained against Dr. Gordon and Midway Hospital Medical Center which settled out for $5,000. The cross-complaint went forward to trial on Nov. 11, 2002, with the Yusts contending that Dr. Gordon was responsible for an exacerbation of the dog bite by his failure to properly treat the wound. Sheree Hanlon and the plaintiffs settled the dog bite case for $105,000.
Settlement Discussions
The plaintiffs had received a C.C.P. Section 998 offer for $29,999.99. The plaintiffs demanded $90,000 at trial (according to the plaintiff); $105,000 (according to the defendant). The defendant offered a waiver of costs.
Damages
Sheree Hanlon and the plaintiffs settled the "dog bite" case for $105,000.
Other Information
A cost bill for $4,898 was filed and is pending.
Deliberation
45 minutes
Poll
12-0
Length
four days
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