A Manhattan dentist has been accused in a Manhattan Federal Court lawsuit of trying to preempt potential criticism from her patients. A former patient filed a suit alleging that the dentist—who moonlights as an opera singer—forced him to sign an agreement not to write negative reviews about the dentist’s practice online before she worked on his sore tooth. The Plaintiff claimed that the dentist accused him of breaching the signed agreement when the patient published a review on a website—claiming that the dentist overbilled him in excess of $4,000 – and that he continued to be billed $100 a day for each day his review remained online. An attorney for the patient said that the agreement violated the patient’s constitutional right to free speech and that it breached dental ethics in its efforts to suppress and deprive the consumer of valuable information.
Category Archives: Litigation Counsellor
Texas: Waitress Trips over Cord Installed by Unlicensed Electricians
A 48-year-old waitress tripped and fell over an electrical cord while working at a restaurant. The cord was for an electric oven in the restaurant’s kitchen and was being replaced by two Florida-based electricians not licensed in Texas; neither electrician was a journeyman and their employer did not have a permit for the job. The Plaintiff alleged that a dangerous condition was created and that the electricians failed to warn her of it. The Plaintiff claimed that no chair, warning tape or cone were in place to warn about the cord’s exposure. She sustained a fractured fibula and torn anterior cruciate ligament, and underwent arthroscopic reconstructive surgery. The Plaintiff was left with permanent instability in her knee and forced to use a knee brace. She sought damages to cover past and future physical pain, past and future mental anguish, and past and future physical impairment. The Defendants argued that the Plaintiff was aware of the condition and failed to watch her step, and further that she could perform sedentary work following the injury. The jury found the electricians’ employer 90% negligent and the Plaintiff 10% negligent; the damages were reduced for comparative fault.
Verdict: $470,429 (reduced to $423,386)
Case name: Clay v. Bright Future Electric LLC
Court: Dallas County Court at Law No. 3, Texas
Texas: Driver Injured in Crash, Died in Hospital
AA 63-year-old driving a pickup truck down a country road was struck by a tractor-trailer while negotiating a left turn. The man sustained crushing injuries to his left leg, pelvis and head. He was transported to the hospital following the accident and died two hours later. The driver of the tractor-trailer was on the job at the time, and the tractor-trailer was owned by a transportation contractor. The driver himself, his employer and the transportation contractor were all named as Defendants in the action. The deceased’s family members brought suit individually and on behalf of the estate of the deceased. The suit alleged that the Defendant driver failed to keep a proper lookout, failed to control his speed, and failed to abide by his employer’s safety guidelines. The Defendant argued that the Plaintiff’s negligence was the proximate cause of the collision. The jury returned a verdict of 90% liability against the Defendant driver and 10% against the Plaintiff.
Verdict: $5,385,292 (reduced to $4,846,763)
Case name: Worley et al v. Contract Transportation Systems Co. et al
Court: Leon County District Court, 12th, Texas
Texas: Rig Worker Falls while Traversing Rig and Barge
A 40-year-old Plaintiff oil rig worker was injured after falling off a ladder while crossing from a rig to a barge. The Plaintiff was walking across a ladder that was laid to bridge the gap between a rig and a barge when the ladder slipped from under him. The Plaintiff fell into water from a height of five feet and sued the rig owner for not providing a gangway for crossing. The Plaintiff claimed to suffer injuries to his neck and back and underwent fusion surgery at L5-S1. The Plaintiff sought damages for past and future medical, lost earnings and pain and suffering. The defense argued that using a ladder was proper because of the steep incline between the rig and the barge. Further, the defense argued that the Plaintiff’s employer was responsible for not adequately securing the ladder, that the Plaintiff was contributorily negligent for failing to exercise stop work authority and reporting the condition to the rig’s supervisor, that the medical care was “lawyer-driven”, and that the Plaintiff required no significant future care.
Verdict: $2,795,620
Case name: Jude Lewis v. Axxis Drilling Inc. and Century Exploration Houston Inc.
Court: Galveston County Court at Law No. 2, Texas
California: Vehicle Broadsided, Mother Knocked Unconscious and Children Injured
A 37-year-old mother and her two children, ages 16 and 14, were broadsided by another vehicle while traveling together. The mother suffered a concussion from the accident as well as cervical and lumbar sprains and strains with cervical radicular symptoms. She was also diagnosed with a left acromioclavicular joint tear, a left shoulder internal derangement with positive impingement sign, a rib contusion and costochondritis. She underwent six surgeries within the span of 18 months. The children in the accident suffered soft tissue injuries, abrasions and contusions to their faces and bodies. The driver of the other vehicle was an employee of the State, driving a state-owned vehicle during the course and scope of his employment. The Plaintiffs brought a claim against the State, and the State admitted liability. The matter proceeded on to address damages only, with the parties negotiating a $2.5 million pretrial settlement established via mediation.
Settlement: $2,500,000
Case name: April Macias, Korin Macias and Michael Macias v. State of California
Court: Kings County Superior Court, Corcoran
California: Son Loses Father, Sues for Loss of Love and Affection
Area of law: Wrongful death
A 10-year-old Plaintiff, through his mother, sued a Defendant cigarette manufacturer for the permanent loss of his father’s companionship and affection. His father died of lung cancer which developed as a result of smoking cigarettes. The deceased father won a personal injury suit against the same Defendant cigarette manufacturer prior to his death. The Plaintiff also named as a Defendant the restaurant where his late father purchased cigarettes, but the restaurant was dismissed from the suit early on demurrer. The Defense counsel argued that the Defendant had already settled their debt with the family of the deceased father, and that it did not owe the family anything more. The jury found for the Plaintiff, and found that the cigarette manufacturer was liable for the death of the father.
Verdict: $12,800,000
Case name: Dylan Boeken and Judy Boeken as legal guardian v. Philip Morris USA and International House of Pancakes
Court: Los Angeles County Superior Court, Central
California: Patient with Nosebleed Leaves Hospital Blind in One Eye
Area of law: Medical malpractice
A 16-year-old Plaintiff was admitted to a hospital for a bleeding nose and received an embolization under the care of one of the hospital’s doctors. The procedure involved injecting particles into the Plaintiff’s maxillary artery to block it from supplying blood to the nose. The Plaintiff awoke from the procedure with blindness in his right eye. The Plaintiff sued the Defendant hospital and treating doctor, alleging a failure to properly read the Plaintiff’s angiogram. The Defendant hospital settled prior to trial and the case proceeded against the Defendant doctor only. The Plaintiff’s counsel argued that the treating doctor should have known not to perform the procedure or to perform it differently, as not to have the particles travel to the central retinal artery. The Defendant doctor contended that there was no visible connection between the Plaintiff’s maxillary artery and the central retinal artery on the angiogram.
Verdict: $1,450,000
Case name: Rashidi v. Moser et al
Court: Los Angeles County Superior Court, Los Angeles
Pennsylvania: Man Involved in Parking Lot Accident Suffers Fractured Ankle
A 43-year-old man was struck by a vehicle driven by an employee of an auto auction while the man was in the auction’s parking lot. The Plaintiff was standing when the Defendant reversed over the Plaintiff’s left foot, fracturing his ankle. As a result of the injury, the Plaintiff underwent open reduction internal fixation on a left bimalleolar ankle fracture. The Plaintiff received surgical debridement approximately three years later, microfracture surgery and further removal of plates and screws, as well as continued physical therapy throughout his treatment. The Plaintiff named several defendants in the suit, including the individual employee/driver and several other related entities. The employee/driver settled before trial and the active defendants at jury trial were the premises liability defendants: the auction services company and the auction realty company. The Plaintiff sought recovery for past and future pain and suffering as well as business losses because he could no longer perform his job as a driver of transporter vehicles with a heavy clutch. The Plaintiff was able to show at trial that the parking lot was deficient in not having required pedestrian walkways and refuge islands in the parking lot, as prescribed by ordinance. Further, the Plaintiff showed that the Defendant auction realty company was aware of the deficiencies and had commissioned redesign plans for the parking lot two years earlier.
Verdict: $600,418 (reduced by settlement amounts to $516,359)
Case name: Murray v. York Auto Transport, Inc. et al
Court: Philadelphia County Court of Common Pleas
Pennsylvania: Hose Whips from Pressure, Injures Man
A 46-year-old carpenter working on a concrete pour in a building basement was injured while on the job when a concrete hose he was straddling whipped and struck his right leg. He suffered injuries to his leg, specifically a comminuted fracture to the right tibial plateau. The injuries required internal fixation and open reduction surgeries as well as a year of rehabilitation and physical therapy. The Plaintiff brought suit against his employer, against the company overseeing the construction and against the owner of the concrete pump truck. The Plaintiff sought damages for past medical expenses, past lost wages and lost earning capacity. The parties settled about three weeks before trial, with the pump truck owner paying $385,000 and the Plaintiff’s employer as co-Defendant contributing $105,000 pursuant to its contractual indemnity with the company overseeing the construction.
Settlement: $490,000
Case name: Kramlick v. Gilbane Building Co., King Concrete Plumbing LLC and Wohlsen Construction Co.
Court: Philadelphia County Court of Common Pleas
Pennsylvania: Dancer Injured by Fall from Defective Pole
A 27-year-old dancer lost control during her routine after a pole dislodged from the ceiling and floor. The Plaintiff dancer fell four to five feet from the stage and onto the floor’s tiled surface, striking her head on the side of the bar. The Plaintiff sued the club owner alleging premises liability and claiming injuries. The Plaintiff’s medical expert testified that as a result of the fall the Plaintiff sustained a C4-5 herniated disc that precluded her from returning to dancing. The Plaintiff sought future lost earnings as she could not return to dancing and was earning approximately $10,000 less per year after the accident. The jury found negligence on the part of the Defendant.
Verdict: $500,000
Case name: Duckett v. Gus 38 Inc. d/b/a Atlantis Gentlemen’s Club
Court: Philadelphia County Court of Common Pleas