Mekhemar v. Alpert
Published: Jun. 29, 2004 | Result Date: May 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: VC038555 Verdict – $750,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Greg W. Garrotto
(Law Offices of Greg W. Garrotto)
Defendant
Experts
Plaintiff
Ezra Maguen
(medical)
Edward Revelli
(medical)
Facts
The plaintiff was a 12-year-old boy who was punched in the left eye at school. His mother took him to be examined by the defendant optometrist two weeks after the incident. The optometrist did not perform a dilated examination of the eye to rule out a detachment of the retina, lense damage or glaucoma. Approximately 10 months later, a detached retina was discovered. Surgery was performed, but because of the delay, the plaintiff has a permanent visual impairment which consists of 20/200 vision which cannot be corrected any further.
Settlement Discussions
In February 2004, the plaintiff had filed a C.C.P. Section 998 for $250,000. Prior to trial, the formal demand was $200,000 but there was suggestion by the plaintiff that the case could be settled in the $100 - $125,000 range. The defendants offered $30,000.
Injuries
Permanent visual impairment of the left eye. The best corrected vision that the plaintiff has on the effected eye is 20/200.
Result
The jury unanimously found negligence on the part of the optometrist and awarded $750,000. This was apportioned 50 percent to the treating optometrist; 20 percent to the plaintiff's mother; 5 percent to the boy who had punched the plaintiff; 25 percent to the optometrist in whose office the treating optometrist worked.
Other Information
The court found MICRA applied and reduced the verdict to $250,000.
Deliberation
three hours
Poll
12-0 (for plaintiff on all issues)
Length
three days
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