Robyn Mottram v. Albert E. Sukut, D.D.S.
Published: Jan. 8, 1994 | Result Date: Dec. 20, 1993 | Filing Date: Jan. 1, 1900 |Case number: 652446 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Steven M. Maslauski
(Prindle, Goetz, Barnes & Reinholtz LLP)
Experts
Plaintiff
Tod Miller
(medical)
Alvin Mulne
(medical)
Defendant
H. Michael Hersh
(medical)
Donald McGann
(medical)
Facts
Plaintiff Robyn Mottram, a 33-year-old assistant sales manager, first saw the Defendant Dr. Albert E. Sukut, a general dentist who performs orthodontics, on October 16, 1986. The Plaintiff presented initially with severe periodontal disease and bone loss, up to 60% in some teeth. The patient received braces in January of 1989 and last saw Dr. Sukut in May of 1990. She changed dentists since she had become dissatisfied with Dr. Sukut's treatment for her periodontal condition. Plaintiff was next seen by Dr. Smerecek, a general dentist doing orthodontics. He immediately referred the Plaintiff to a periodontist, Dr. Todd Miller. Dr. Miller subsequently performed three stages of periodontal surgery, the last occurring in May of 1993. She also received additional orthodontic treatment from Dr. Smerecek.
Settlement Discussions
Defendant contends they would not consent to any settlement and Plaintiff demanded $15,000 after the arbitration award.
Specials in Evidence
$4,245 $396 $20,000
Damages
Plaintiff counsel asked the jury to award $39,245 ($25,000 for pain and suffering).
Injuries
Possible future loss of teeth, numbers 9 and 23 through 26; pain and suffering involved with the later gum surgeries.
Other Information
A prior arbitration by Robert Gonter resulted in a Plaintiff's award of $17,500; trial de novo by Defendant.
Deliberation
80 minutes
Poll
9-3
Length
4 days
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