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Prankster dentist wins case against insurer (Implanted boar tusks in assistant's mouth)
The Times of India ^
| July 27, 2007
Posted on 07/27/2007 11:57:11 AM PDT by Stoat
Prankster dentist wins case against insurer 27 Jul 2007, 0733 hrs IST,AP
OLYMPIA, WASHINGTON: An oral surgeon who played a practical joke on his assistant by implanting fake boar tusks in her mouth while she was under anesthesia was sued for it, but ended up getting a last laugh.
Dr. Robert Woo, who is originally from Hong Kong, took photos of her porcine dental work that later made the rounds. The employee, Tina Alberts, felt humiliated and quit, later suing her boss.
When Woo's insurance company, Fireman's Fund, would not deal with the lawsuit, Woo settled out of court with Alberts for $250,000 - and sued the insurers. A Superior Court jury agreed with him and awarded him $750,000, plus the out-of-court settlement he had paid.
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 and that the carrier had no duty to represent him in the lawsuit. But the state Supreme Court on Thursday restored the award for Woo.
The backstory, the court said, is that Alberts' family raises potbellied pigs and that she frequently talked about them at the office where she worked for five years. ``Woo made several offensive comments about her pigs,'' the court said. Woo later said that his jest was part of ``a friendly working environment'' he fostered in the office.
One day when Woo was performing oral surgery on Alberts to replace two teeth with implants, he installed temporary bridges that he had shaped to look like boar tusks. While she was still under anesthesia, he took photos, some with her eyes propped open. Before she woke up, Woo removed the ``tusks'' and put in the proper replacement teeth.
Woo says he did not personally show her the pictures, thinking them too ugly, but that staffers gave her copies at her birthday party. Stunned, she went home and never went back to work. Woo tried to apologize; Alberts did not respond.
Soon, though, she sued, alleging ``outrage, battery, invasion of privacy'' and so forth. Fireman's told Woo his policy did not cover such claims and declined to pay for his defense. The practical joke was intentional and not a normal business activity, the insurers said.
Woo was delighted with the ruling, said his lawyer, Richard Kilpatrick, who described Woo as a kindhearted and fun-loving man who was chagrined that an office prank involving him and three other women staffers turned out so badly.
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TOPICS: Crime/Corruption; News/Current Events; US: Washington
KEYWORDS: boartusks; dentist; dentistry; injustice; insurance; judiciary; robertwoo; teeth; tinaalberts; tusks; washington
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To: Stoat
I wish we could find a photo of Tina Alberts. We could have a “Photoshop This Image” contest for the best boar tusks.
21
posted on
07/27/2007 12:09:50 PM PDT
by
ElkGroveDan
(When toilet paper is a luxury, you have achieved communism.)
To: GadareneDemoniac
He should lose his license.
22
posted on
07/27/2007 12:10:18 PM PDT
by
darkangel82
(Socialism is NOT an American value.)
To: Frapster
I used to regularly joke with a coworker/classmate at a law firm where we were both clerks while in law school. One day, after she’d been making fun of my healthy eating habits, I changed the screen saver on her computer to say, “Mary is a big fan of honey baked hams,” and changed the secretary’s next to her to say, “Mary’s family affectionately refers to her as ‘the Educated Idiot.’” Both were inside jokes we were both familiar with.
When I got back from lunch, my boss threw a fit. I couldn’t even understand what the problem was, and I was basically being accused of everything from sexual harassment to “damaging the company computers.”
23
posted on
07/27/2007 12:10:22 PM PDT
by
LanPB01
To: Stoat
Tina Alberts
24
posted on
07/27/2007 12:12:15 PM PDT
by
Manic_Episode
(Some mornings, it's just not worth chewing through the leather straps...)
To: Stoat
That’s an excellent point, and kind of what I was thinking. Really, there are things that are funny, but taking any kind of advantage of someone when they are in no position to defend themselves is not one of them. I myself would not have sued him, but I would have reported him to whatever professional org. dentists belong to, and I would also have trumpeted his unprofessional conduct far and wide.
susie
25
posted on
07/27/2007 12:13:16 PM PDT
by
brytlea
(amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
To: Red in Blue PA
They were under sedation when he played his antics. That goes beyond just a joke.Agreed....it was completely wrong and unprofessional. He shouldn't have even considered doing it.
Im sure if you (or your wife or kids) had it happen to them you would be understanding.
I would have been incredibly ticked off and would have quit. But would I have sued him?
No actual, physical harm was done, but the massive lawsuit payouts that are so common these days are quite an incentive. I hope that I would have the strength and ability to resist the temptation and not contribute to the spiraling healthcare costs.
26
posted on
07/27/2007 12:14:33 PM PDT
by
Stoat
(Rice / Coulter 2008: Smart Ladies for a Strong America)
To: ElkGroveDan
I did a google search for Tina Alberts and all I can say after checking the first result is “those aren’t the droids we’re looking for”
27
posted on
07/27/2007 12:15:32 PM PDT
by
ari-freedom
(Complex problems have simple, easy to understand wrong answers.)
To: Syncro
28
posted on
07/27/2007 12:15:44 PM PDT
by
LongElegantLegs
(<--- "Crazy Aunt" Conservative)
To: LongElegantLegs
Sounds like the dentist is the real pig.
He should be forced to disclose this incident to all patients before they undergo anesthesia.Agreed.
29
posted on
07/27/2007 12:17:14 PM PDT
by
Stoat
(Rice / Coulter 2008: Smart Ladies for a Strong America)
To: Stoat
I wouldn’t have sued, but I probably would have taken out a full-page advertisement in the newspaper, explaining what he’d done.
She could also have kept her job, and warned off potential customers.
30
posted on
07/27/2007 12:18:22 PM PDT
by
LongElegantLegs
(<--- "Crazy Aunt" Conservative)
To: JamesP81
learned that you cannot joke with people at work... Especially female coworkers. That frequently ends poorly.
You can say that again! I walked by a co-workers office with a feather duster in my hand. (keep in mind this women has joked around with me for years - sometimes very sex-related jokes). As I walked by with the feather duster I said, "Time for the annual Pap Smear".
I got hauled into the big bosses office and was read the riot act. You would have thought I had raped her grandmother by her reaction. The fact that she has said much worse things to me made no difference. I certainly won't be speaking to her again.
31
posted on
07/27/2007 12:19:55 PM PDT
by
Tokra
(I think I'll retire to Bedlam.)
To: GeorgiaDawg32
I got sick of the PC environment, back-stabbing, easily offended, budget fighting people who wanted absolute control, I switched to a pair of blue jeans and began putting the equipment in..I became a tech..I make twice as much with NO BS. Several people I work with have made the same career path; Tech > Supervisor > Tech.
They work about the same amount of hours but make about a third more money and have fewer headaches.
Every time one of the people I work with tells me that they want to get promoted to supervisor I tell them not to do it, that I dont think they will like it. Once in awhile one of those who get their wish comes back and tells me I was right.
It takes a certain type of person to be an effective and happy supervisor. Think maybe 1% of people would be in that group. Unfortunately most of the people in my experience that take those supervisory jobs and keep them are for the most part arrogant self important people. Some of them actually enjoy making those under them miserable (I actually had one admit that to me).
32
posted on
07/27/2007 12:19:55 PM PDT
by
Pontiac
(Patriotism is the natural consequence of having a free mind in a free society.)
To: Stoat
I need pics to decide guilt or innocence.
33
posted on
07/27/2007 12:20:52 PM PDT
by
Hacklehead
(God, Guns, Guts and Greenhouse Gas Emissions Made America Great)
To: Stoat
Prankster dentist ... (Implanted boar tusks in assistant's mouth)Man, I hate it when that happens.
Cordially,
34
posted on
07/27/2007 12:21:25 PM PDT
by
Diamond
To: Stoat
35
posted on
07/27/2007 12:22:02 PM PDT
by
theDentist
(Qwerty ergo typo : I type, therefore I misspelll.)
To: LongElegantLegs
I wouldnt have sued, but I probably would have taken out a full-page advertisement in the newspaper, explaining what hed done.And make the dentist pay for the ads.
She could also have kept her job, and warned off potential customers.
Well, I dunno...that would have been an awfully difficult working environment for all concerned. I think that dental assistants are in very high demand, and so she could have most likely gotten a better job elsewhere.
36
posted on
07/27/2007 12:24:36 PM PDT
by
Stoat
(Rice / Coulter 2008: Smart Ladies for a Strong America)
To: brytlea
I have to wonder what “pictures” have not shown up as this playful man sedates the women staffers.
37
posted on
07/27/2007 12:25:02 PM PDT
by
doodad
To: JamesP81
38
posted on
07/27/2007 12:26:21 PM PDT
by
doodad
To: Stoat
Ok...
The dentist is an idiot who acted unprofessionally and outside his duties. He doesn’t deserve a dime in recompense.
The insurance company insured the dentist against professional liabilities. This was not a professional liability, it was a personal practical joke. They should not have to pay.
The employee was wronged... but not to the tune of $250,000... that’s ridiculous. At most, she should be compensated for her time out of work as a result of the humiliation and any costs associated with gaining new employment.
I’m sick of our court system lottery.
39
posted on
07/27/2007 12:27:26 PM PDT
by
pgyanke
(Duncan Hunter 08--You want to elect a conservative? Then support a conservative!)
To: pgyanke
Ok... The dentist is an idiot who acted unprofessionally and outside his duties. He doesnt deserve a dime in recompense. The insurance company insured the dentist against professional liabilities. This was not a professional liability, it was a personal practical joke. They should not have to pay. The employee was wronged... but not to the tune of $250,000... thats ridiculous. At most, she should be compensated for her time out of work as a result of the humiliation and any costs associated with gaining new employment. Im sick of our court system lottery. |
|
Well-stated, and I agree on all counts.
40
posted on
07/27/2007 12:29:59 PM PDT
by
Stoat
(Rice / Coulter 2008: Smart Ladies for a Strong America)
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