Patricia Norton-Collins v. Regents of the University of California
Published: Nov. 17, 2007 | Result Date: Oct. 26, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03AS05849 Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Robert H. Zimmerman
(Schuering, Zimmerman & Doyle LLP)
Experts
Plaintiff
Albert R. Gutowsky
(technical)
David Ashkenaze
(medical)
Facts
Plaintiff Patricia Norton-Collins became disabled after she was involved in a pedestrian-truck accident in 1987. She suffered an amputation of her right leg above the knee, a degloving of her right arm, a broken left leg, and other injuries.
Plaintiff later consulted with defendant Regents of the University of California regarding a right-leg prosthesis. She was fitted with a prosthesis and was thereafter capable of walking short distances. However, she eventually started experiencing back pain. An employee of defendant, Dr. Daniel Benson, recommended she undergo back surgery.
According to plaintiff, she agreed to the surgery only if defendant Benson could guarantee that it would not affect her use of her left leg. Defendant allegedly promised that the surgery would not affect her left leg. He then negligently performed the surgery, resulting in plaintiff's loss of the function of her left leg. Further, her back pain was not alleviated, and she required additional surgeries. Her husband, plaintiff Jimmy Collins, claimed loss of consortium.
Defendants denied the claims.
Injuries
Plaintiff claimed loss of use of her left leg, back pain, and required additional surgeries. Her economic damages amounted to $1,750,000; her general damages totaled $250,000. Her husband made an unspecified claim for loss of consortium.
Result
Judgment was for defendants.
Poll
12-0
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