California Court of Appeal

In a tort action against a dentist for his alleged mistreatment of a child patient, a special verdict awarding monetary damages for negligence, dental battery, and simple battery is reversed and remanded where: 1) evidence of a few unrelated incidents of alleged child mistreatment did not qualify as admissible evidence of habit or custom; 2) in light of the 9-3 jury verdict, the improper admission of such evidence of defendant's character could not be deemed harmless.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jay-Allen Eisen Law Corporation, Jay-Allen Eisen and C. Athena Roussos, Sacramento;  Law Offices of Robert B. Zaro, Robert Zaro, Sacramento, and Stephen L. Ramazzini, for Defendant and Appellant., Law Office of Johnson & Johnson, Peter Johnson, Pittsburg, and Kelly Jenkins, for Plaintiffs and Respondents.