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Personal Injury
Dental Malpractice
Negligent Care

Patricia K. Turner and Randall L. Turner v. N.D. Mittleman, D.D.S.

Published: Nov. 21, 1998 | Result Date: Jun. 24, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 709865 Verdict –  $97,588

Judge

David J. Danielsen

Court

San Diego Superior


Attorneys

Plaintiff

Julie K. Parker


Defendant

David G. Brown

Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)


Experts

Plaintiff

Frank Pavel
(medical)

Defendant

Lester Machado
(medical)

Facts

In April 19, 1996, plaintiff Patricia K. Turner, a 31-year-old homemaker, underwent the extraction of a wisdom tooth performed by defendant Dr. N.D. Mittleman, a dentist. The plaintiff alleged that she suffered nerve damage when the defendant fractured her jaw during the procedure. The plaintiffs, husband and wife, brought this action against the defendant based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $69,999, withdrawn. The defendant made an offer of $75,000, before day of trial.

Specials in Evidence

$7,588

Injuries

The plaintiff suffered a jaw fracture requiring the placement of metal plates. She claimed residual permanent nerve damage.

Other Information

The case later settled for a confidential amount.

Deliberation

four hours

Poll

10-2

Length

six days


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