Apodaca v. East Los Angeles Doctors Hospital
Published: Nov. 27, 1999 | Result Date: Sep. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC182792 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
David M. Phillips
(Mavredakis, Cranert & Crawford)
Experts
Plaintiff
Evelyn Edelmuth
(medical)
Daniel R. Sullivan
(Sullivan Ballog & Williams LLP)
(technical)
Ricki Stein
(technical)
Facts
In 1995, the plaintiff, a 15-year-old comatose girl, was a long-term patient at the defendant hospital. Security at the hospital was provided by defendant Bell Security. The defendant security company's employees were to patrol the hallways and parking lot of the hospital. On March 15, 1995, the defendant nursing assistant allegedly molested the plaintiff while on duty in the plaintiff's room. Per the security company, the plaintiff recovered from the coma six months after the incident and had no memory of it. The plaintiff brought this action against the hospital, the security company and the nurse based on negligence and sexual battery theories of recovery. The plaintiff settled with the defendant hospital before trial for a confidential amount. The defendant nurse proceeded in pro per.
Settlement Discussions
The plaintiff made a settlement demand for $250,000. The defendant security company made an offer of $100,000 before trial.
Specials in Evidence
$300,000
Injuries
The plaintiff claimed she suffered pain and suffering and post-traumatic stress disorder.
Result
(as to the defendant security company); $276,000 after reduction for comparative liablity (against the defendant nurse in pro per).
Other Information
The verdict was reached approximately one year and nine months after the case was filed. The plaintiff's recovery of $276,000 against the nurse was subject to offset from the hospital's confidential settlement.
Deliberation
two days
Poll
12-0 (liability), 9-3 (damages)
Length
12-0
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