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Groetsema contended that he acted within the standard ofcare. He argued that at the time he saw Carmen, her symptoms

were nor definitive enough for hirn to make a diagnosis ofrneningitis. Moreover, since the strain of meningitis whichCarmen contracted was in her blood, allowing it to travelextrernely rapidly throughout her bod¡ the defense maintained

that the outcome probably would have been the same even ifGroetsema had treated her with antibiotics at O'ConnorHospital.

INJ U Rl ESIDAMAGES d e a t h

The Jordans claimed noneconomic damages for the wrong-

fuldeath of their 2-year-old daughter. Damages were limited by

the MICRA cap of $250,000.

\. RESUH The jury found for Groetsema.

NORTHERN CALIFORNIA

CONTRACÏSOral Agreement - Trusts and Estates - Equitable Relief

'Woman alleged oral contractentitled her to residence

¡NSURER(S)

TRIAL DEÍAIIS

The Doctors'Co.

Tiial Length: 7 days

Jury Deliberations: 2 hours

Jury Poll: 12-0 no breach ofstandard ofcare by Groetsema

PLAINTIFF

EXPERT(S) Gregory Moran, M.D., infectious diseases,

Sylmar, CA (standard of care)

DEFENSE

EXPERT(S) Charles G. Prober, M.D., pediatricinfectious diseases, Palo Alto, CAT.W. Hard, M.D., emergency medicine,Santa Rosa, CA

POST-TRIAL The Jordans' motion for new trial based, in part,upon alleged juror misconduct, is pending.

-R^dtl Stewa:rt

SETTLEMENT $IOO,OOO

CASE Kathryn Larson v. Patricia Ferguson, as

Tiustee of Adrian McDowell RevocableTiust

CROSS-COMPLAINT Patricia Ferguson, as Tiustee of AdrianMcDowell Revocable Tiust v. KathrynLarson, No. SCV 22B9Bl

COURT Superior Court of Sonoma Count¡Sonoma, CA

EArE 101612003

PTAINTIFF

ATTORNEY(S) Jeffrey J. Allen, Law Offices of Jeffrey J

Allen, Santa Rosa, CA

DEFENSE

ATÍORNEY(S) Lewis R. Warren, Abbey Weitzenberg'S(/arren ôr Emer¡ Santa Rosa, CARachel K. Nunes, Abbey \TeitzenbergWarren &. Emery, Santa Rosa, CA

FACIS & ALTEGAT¡ONS Kathryn Larson, late 50s, alleged thatshe and her common law spouse of over 15 years, AdrianMcDowell, late 70s, had entered into an oral contract statingthat McDowell would leave Larson his Sebastopol home uponhis death, in return for years ofcaregiving services Larson had

rendered to him while they lived together at the residence.'SØhen McDowell died in September 2001, Larson alleged

that she was entitled to the Sebastopol residence as well as sig-

nificant monetary damages, or qutntummeruit, for the years ofcare-giving services rendered to McDowell while he was ill and

immediately prior to his death.However, McDowell's sisteç Patricia Ferguson, who was also

the trustee/beneficíary of an existing trust executed byMcDowell in 1992, contended that she was entitled to the res-

idence, per the express terms of the ftust, which left the resi-

dence to her.Following McDowell's death, Larson sued Ferguson as trustee

of the Adrian McDowell Tiust for quasi-specific performance

of the oral contract and damages. Ferguson later filed a cross-

complaint against Larson, alleging that Larson was not entitledto the Sebastopol residence.

Larson contended that the oral contract superceded the ear-

lier, written trust and therefore entitled her to immediate titleto the residence. Larson relied upon the theory of promissory

DEMAND

OFFER

$250,000 (MICRA cap)'STaiver of costs

'0

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N O RT H E R N C A L I F O R N I A

or equitable estoppel, arguing that her detrirnental reliance and

changcd position estoppecl Ferguson frorn reqr-riring a wrirren

instrument normally required for the conveyance of any inrer'

est in real property. Larsc¡n also maintainecl that neither

Ferguson nor the estate had any right to possession of the prop-

"rry. Addlrionally, Larson's nursing/home care expert, Dorothy

Fisher-Fordyce, was prepared to testify as to the value the

McDowell estate hacl received as a result of services rendered

by Larson.Ferguson contended that the existing trust instrument specif-

ically stated that she was entitled to ownership of the disputed

property after her brother's death. She further maintained that

Lurro.r', claims, even if true, did nol rise to the level of a bind-

ing contract. She argued that even if the terms had been more

specific, the contract was still unenforceable under the starute

of frauds.

INIURIES/DAMAGES As to the original complaint, Larson

claimed title to the disputed Sebastopol residence, which plain'

tiíf's counsel claimed had a fair market value of $355,000' In

the alternative, Larson sought damages arising fr<lm the in'home care services provided to McDowell (totaling in excess

of $100,000 per plaintiff's counsel and $300,000 per defense

counsel).As to the cross-complaint, Ferguson sought approximately

$36,000 related to two years worth of rent.

RESULT One week prior to trial, the case settled for $100,000,

which was to be paid to Larson from the sale of the residence'

Plaintiff's counsel reported'that the cross'complaint was also

dismissed, so Larson was not responsible for paying the two years

worth of rent that Ferguson claimed on the cross'complaint'

DEMAND

OFFER

PLAINTIFF

EXPERï(S)

DEFENSE

EXPERT(S)

55olo of the proceeds from the sale of the

residence, one week before trial (per

defense counsel)

$?5,000 from the sale of the residence one

week before trial (per defense counsel)

Dorothy Fisher-Fordyce, R.N., elder

convalescent, Bakersfield, CA

None reported

-Jatelle Foskett

PRODUCTS TIABILIÏYDesign Defect - Negligent lnstallation - Premises Liability

Defect in conveyor system ledto millwright's fatal head injurY

SETTTEMENT $712,500 from lim Rose Construction;

conf¡dent¡al amount from Roger Burch

CASE

COURI

JUDGE

DATE

PTAINTIFF

AfiORNEY(S)

DEFENSE

ATTORNEY(S)

Sherry Donahoo; Jeremy Donahoo; Tèra

Donahoo; and Lumbermens' UnderwritingAlliance, plaintiff-in.intervention v. JimRose Construction and Roger Burch,

No.221006Superior Court of Sonoma County, Santa

Rosa, CARaymond J. Giordano7.lzlz0o4

William L. Veen, Law Offices of WilllamL. Veen, San Francisco, CA (JeremY

Donahoo, Sherry Donahoo, Tèra Donahoo)

Kevin Lancaster, Law Offices of WilhamL. Veen, San Francisco, CA (JeremY

Donahoo, Sheny Donahoo, Tèra Donahoo)

John R. Olson, Law Office of John R.

Olson, Placerville, CA (Lumbermens'

Underwriting Alliance, plaintif in'intervention)Eustace de Saint Phalle, Law Offices of\Øilliam L. Veen, San Francisco, CAfleremy Donahoo, Sherry Donahoo, Tèra

Donahoo)

Edward J. Schroeder, Jr., Selman-

Breitman, San Francisco, CA (Jim Rose

Construction)Dennis R. Murphy, Murphy, Austin,Adams &. Schoenfeld, Sacramento, CA(Roger Burch)

FACTS e ALLEGATIONS Plaintiffs' Decedent Don Donahoo,

50s, was a millwright who worked at the Redwood Empire

Sawmill in Cloverdale, which was owned and operated by

Pacific States Industries' The sawmill was located on property

owned by Roger Burch, who leased the land to Pacific States

lndustries. In 1998, the sawmill was redesigned and modified

by adding additional conveyors and equipment. Jim Rose

Construction assisted with the redesign by constructing and

installing new equipment and modifying existing equipment'

ln 2000, a sprocket in the drag chain conveyor, which moves

boards from tool to tool, became jammed and the conveyor sys'

tem came to a halt. As a millwright responsible for the main-

32 www.VERDlCTSEARCH.com May L7,2004