Tricia Kirby vs Brent Lay, et al

Case Background

On April 25, 2019, Plaintiff  Tricia Kirby filed a Premises Liability and Workplace Injury Case in the  California State, Santa Cruz County, Superior Court (Case number: 19CV01267).  Syda Kosofsky Cogliati presided over this case.

Cause

Tricia Kirby worked as a dental hygienist for Defendant Brent C. Lay at his dental office in Santa Cruz County, California. On February 8, 2018, Kirby tripped over a loose, unrestrained cord near the patient chair while performing her duties. The fall caused significant injuries. Defendant Lay, responsible for maintaining workplace safety, failed to eliminate hazards in the dental office, creating unsafe conditions. Additionally, he did not procure the legally required Worker’s Compensation Insurance to protect employees. These failures directly contributed to Kirby’s dental office injury.

Injuries

Kirby sustained physical injuries from the fall, including harm to her neck and other areas in a Workplace Injury Case. The delayed and inadequate medical care she received worsened her condition. Directed to seek treatment at Doctors on Duty in Santa Cruz, Kirby encountered substandard care influenced by Defendant Lay’s refusal to cover expenses. His failure to support her recovery needs caused further emotional distress. This dental office injury had both physical and psychological repercussions, amplifying the impact of Defendant Lay’s negligence.

Damages

The incident resulted in extensive damages for Kirby, including medical expenses, loss of earnings, and enduring pain and suffering. She faced significant financial hardship because Defendant Lay refused to pay for the necessary treatment. His interference delayed her recovery and aggravated her injuries. Kirby also suffered emotional distress from the betrayal of trust and the psychological toll of her dental office injury. These damages underscored the serious consequences of Defendant’s actions and the hazardous conditions that led to her premises liability claim.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Tricia Kirby
    • Counsel for Plaintiff: S Colin Brown
  • Defendant(s): Dominique Artukovich | John Artukovich | Marin John Artukovich | Artukovich Family Partnership | Brent C. Lay | Jonna Melinauskas | MJA Vineyards LLC | Surfside Rental Management LLC
    • Counsel for Defendants: Brian H O’Driscoll | Daniel Thomas Schmaeling | David Spini | Jennifer Joyce Capabianco |

Claims

Kirby brought claims against Defendant Lay for general negligence, premises liability, and intentional tort. She alleged that Lay failed to maintain a safe dental office environment and allowed hazardous conditions, such as the loose cord, to persist. Her premises liability lawsuit emphasized that this negligence caused her injuries. Kirby also claimed that Lay misrepresented his willingness to cover her medical expenses and knowingly provided inadequate care. She sought compensatory and punitive damages to address her physical, emotional, and financial losses.

Defense

Defendants, including Brent C. Lay and Marin John Artukovich, denied the allegations. They argued that Kirby’s negligence contributed to her injuries, claiming she failed to exercise reasonable care in avoiding the hazardous cord. Defendants contended that other parties or factors also caused or contributed to her dental office injury.

They further asserted that Kirby did not mitigate her damages effectively, exacerbating her injuries. Defendants invoked California’s statute of limitations, arguing her claims were time-barred. They also claimed she assumed the risks associated with her actions, which should reduce or dismiss her claims.

Defendants sought to limit their liability to their proportionate share of any damages awarded, particularly for non-economic damages, under California Civil Code §1431.2. They requested the Court to deny Kirby any recovery and to reimburse their legal costs.

Jury Verdict

On October 25, 2024, the jury rendered a verdict in favor of Defendant Brent C. Lay. After reviewing the evidence and arguments, the jury concluded that Kirby failed to prove her claims of negligence, premises liability, or intentional tort. They determined that her actions or omissions significantly contributed to the incident and her injuries in a Workplace Injury Case.

Court Documents:

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