May 23, 2017, PNLR E-Newsletter
Negligent performance of crown procedures
The plaintiff claimed negligence, common law fraud, and deceptive business practices against her dentist for substandard crown work and for allegedly abandoning her during the course of treatment. The jury awarded about $899,600. Wheeler v. Marsala.
Jennifer Wheeler, 53, had significant dental issues, including worn and missing crowns. Over a four-year period, dentist John Marsala placed a total of 22 crowns on Wheeler’s teeth at a cost of about $25,200. Half of the crowns had open margins between the underlying tooth structures, which caused tooth decay and led to the need for $200,000 in dental implants. Additionally, Marsala moved offices without informing Wheeler of his new location, forcing her to pursue him to have the prepaid dental work completed.
Wheeler sued Marsala, alleging negligence, common law fraud, and deceptive business practices. The plaintiff claimed that the defendant’s crown work was substandard and that he had abandoned her during the course of treatment. Suit did not claim lost income.
The jury awarded about $899,600. Posttrial motions are pending.
Citation: Wheeler v. Marsala, No. 2012-L-006276 (Ill. Cir. Ct. Cook Cnty. Mar. 21, 2017).
Plaintiff counsel: Ted Jennings, Oak Park, Ill.
Plaintiff expert: Paul Trombly, dentistry, Brookline, Mass.
Defense expert: Joseph Favia, prosthodontics, Arlington Heights, Ill.