Quintanilla

Quintanilla v. Dunkelman

Bad Law
133 Cal. App. 4th 95·2005 Cal. App. LEXIS 1581·2005 Daily Journal DAR 12038·34 Cal. Rptr. 3d 557·2005 Cal. Daily Op. Serv. 8846
Court of Appeal of CaliforniaSeptember 12, 2005B171789California9,364 words

Opinion

Opinion

Kriegler, J.

PROCEDURAL HISTORY

Plaintiffs Isabel and Ramon A. Quintanilla filed a second amended complaint against defendants Clinica Medica General, Los Angeles Surgical Center, Cedars Towers Surgical Medical Group (Cedars Towers), Ricardo Navas, M.D., and Daniel S. Dunkelman, M.D., alleging causes of action against defendants for negligent medical care including lack of informed consent, battery, and intentional infliction of emotional distress. The second amended complaint further alleged that Ramon sustained a loss of consortium. The jury returned a verdict in favor of Cedars Towers, Dr. Navas, and Dr. Dunkelman (collectively defendants) on the causes of action for battery and intentional infliction of emotional distress. Defendants were found to have provided negligent care and treatment for Isabel. The jury further found in favor of Ramon for loss of consortium due to the negligence of defendants. The jury apportioned fault at 20 percent for Dr. Dunkelman, 40 percent for Dr. Navas, and 40 percent for Cedars Towers pursuant to a verdict form supplied by the trial court. Past damages for Isabel were fixed at $180,000, and $200,000 for future damages. Ramon was awarded $30,000…

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