Robert Maul, Kelly Maul v. Linette CalvoSmith
Published: Oct. 7, 2003 | Result Date: May 14, 2003 | Filing Date: Jan. 1, 1900 |Case number: 142843 Verdict – $0
Judge
Court
Shasta Superior
Attorneys
Plaintiff
Mark J. Zanobini
(Law Office of Mark J. Zanobini PC)
Defendant
D. Marc Lyde
(Leonard & Lyde)
Experts
Plaintiff
Robert J. Buscho
(medical)
William J. Snider
(medical)
Andrew Solkovits
(medical)
Defendant
Mark Owens
(medical)
Michael MacQuarrie
(medical)
Facts
On April 9, 2000, plaintiff Robert Maul, a 23-year-old stereo installer, was treated by Linette CalvoSmith, an emergency medicine specialist for a 6.5 cm laceration on the top of his right foot sustained during a motorcycle accident. The defendant anesthetized, irrigated and thoroughly explored the wound, picking out some large flecks of debris and noting some slight shredding of the superficial tendons. No foreign bodies were found and, after the wound was closed, the plaintiff was discharged. On April 17, the plaintiff went to his family doctor, an osteopath, with a red, painful, swollen area on the top of his right foot, about 4-6 cm distal to the original laceration. An incision and drainage of the area was performed on April 18 by orthopedic surgeon, who found an infected abscess pocket from which he removed a 6.5 cm piece of material that was identified by a pathologist as a piece of sock. The plaintiff and his wife sued the defendant and alleged medical malpractice.
Settlement Discussions
The plaintiff husband made a C.C.P. Section 998 demand of $19,999; the plaintiff wife made a C.C.P. Section 998 demand of $4,999. The defendant made a C.C.P. Section 998 offer for a waiver of costs in exchange for dismissal.
Specials in Evidence
$15,000 $10,000
Damages
The plaintiffs asked the jury to award approximately $65,000 for past and future general damages and $5,000 for loss of consortium.
Injuries
The plaintiff claimed that he continued to suffer recurrent pain at the site of the abscess. The plaintiff's spouse filed a claim for loss of consortium.
Other Information
The defendant has filed a cost bill of $27,932 and the plaintiffs have filed a motion to tax.
Deliberation
30 minutes
Poll
12-0
Length
six days
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