Dentist Put Tusks In Patient’s Mouth Wins In Court
IN America, something strange is going on. This is litigation madness:
An oral surgeon who temporarily implanted fake boar tusks in his assistant’s mouth as a practical joke and got sued for it has ended up with the last laugh.
Dr. Robert Woo of Auburn had put the phony tusks in while the woman was under anesthesia for a different procedure. He took them out before she awoke, but first he shot photos that eventually made it around the office.
The employee, Tina Alberts, felt so humiliated when she saw the pictures that she quit and sued her boss.
Woo’s insurance company, Fireman’s Fund, refused to cover the claim, saying the practical joke was intentional and not a normal business activity his insurance policy covered, so Woo settled out of court. He agreed to pay Alberts $250,000, then sued his insurers.
A King County Superior Court jury sided with Woo, ordering Fireman’s Fund to pay him $750,000, plus the out-of-court settlement. The insurance company won the next round, with the state Court of Appeals saying the prank had nothing to do with Woo’s practice of dentistry. On Thursday, the state Supreme Court restored Woo’s award.
The background story:
In a sprightly 5-4 decision, Supreme Court Justice Mary Fairhurst wrote that Woo’s practical joke was an integral, if odd, part of the assistant’s dental surgery and “conceivably” should trigger the professional liability coverage of his policy.
Dissenting Justice James Johnson said the prank wasn’t a dental procedure at all and only “rewards Dr. Woo’s obnoxious behavior and allows him to profit handsomely.”
The backstory, the court wrote, is that Alberts’ family raises potbellied pigs and that she frequently talked about them at the office where she worked for five years.
Woo said his jests about the pigs were part of “a friendly working environment” that he tried to foster.
How did he win that?
Posted: 27th, July 2007 | In: Reviews Comment | TrackBack | Permalink
