Washburn v. Holbrook

Defendant appeals the trial court’s denial of his motions for mistrial and its failure to give requested jury instructions in this dental malpractice case. Plaintiffs cross-appeal the granting of defendant’s motions to strike their punitive damages claim. We affirm.

In March, 1986, plaintiff Dina Washburn went to defendant, her dentist, complaining of a toothache. Defendant concluded that the tissue in the tooth was dying and recommended root canal surgery. During surgery, a dental instrument perforated the tooth and entered the jaw bone, which allowed the material being used to fill the tooth…