Easterby

Easterby v. Clark

Good Law
171 Cal. App. 4th 772·2009 Cal. App. LEXIS 268·90 Cal. Rptr. 3d 81
Court of Appeal of CaliforniaFebruary 5, 2009B201218California4,276 words

Opinion

Opinion

Bauer, J.

Plaintiffs Denise Easterby and her husband appeal from a judgment entered in favor of defendants Dr. Stephen W. Clark doing business as Spring Dental Group (Spring Dental Group), Nizar Laouiti, and Dr. Christopher Deledonne in their action for dental malpractice, general negligence, and loss of consortium. Plaintiffs contend the trial court committed reversible error when it excluded their expert’s testimony on causation at trial. Defendants Spring Dental Group and Laouiti appeal from a postjudgment order granting plaintiffs’ motion to tax expert witness fees.

We agree the trial court committed reversible error by excluding plaintiffs’ expert testimony and accordingly reverse the judgment in favor of defendants and remand for further proceedings. We further dismiss the appeal by defendants Spring Dental Group and Laouiti as moot.

BACKGROUND

On March 2, 2004, Laouiti, a dental assistant, stepped on a wire connected to an X-ray sensor that was in Easterby’s mouth. Easterby’s head jerked to one side, she felt pain on the right side of her neck, and she later went to the emergency room where a physician prescribed pain medication. Over the next 18 months, Easterby felt…

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