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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligence

Ermila Martinez v. Beverly Hospital

Published: Apr. 9, 1994 | Result Date: Mar. 2, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC056579 –  $73,466

Judge

Emilie H. Elias

Court

L.A. Superior Central


Attorneys

Plaintiff

Eric S. Jacobson


Defendant

Tracy C. McDonald


Experts

Plaintiff

Dominick J. Sisto
(medical)

Richard Teplow
(medical)

Defendant

Manuel Cano
(medical)

John A. Jurgutis
(medical)

Facts

On November 9, 1991, Plaintiff Ermila Martinez, a 59-year-old homemaker, was being assisted onto a bone scan machine at Defendant Beverly Hospital by a technician employed by an outside registry, when she fell off the machine's table.

Settlement Discussions

Plaintiff contends his demand was $70,000 reduced to $36,000 before trial and Defendant made a 998 offer of $22,500.

Specials in Evidence

$3,000 $4-8,000

Damages

Plaintiff also claimed $6,500 expenses to hire a housekeeper.

Injuries

Nine fractured ribs requiring immobilization; tendonitis of the left acromioclavicular joint and aggravation of preexisting arthritis requiring follow-up examinations and physical therapy (6 months).

Other Information

A prior arbitration by Charles Zinger resulted in a Plaintiff's award of $22,500; trial de novo by Plaintiff.

Deliberation

1.5 days

Poll

11-1 liability, 9-3 damages

Length

4 days


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