Legal Question in Personal Injury in California

Small Claims - pain & suffering? multiple companies?

I had a tooth split by a bone shard in a thinly sliced steak sandwich. The dental bills came to $1800, the appt time added up to $460 in wages time.

Getting the tooth fixed involved having my gum peeled back to grind down the jawbone so that a crown could be fitted. The split tooth enabled bacteria to get around a filling in that tooth and I had to have a root canal done. This also involved 2 months of quite severe pain whenever the medication wore off (usually at 3am) and restricted eating ability. I think it is worth something for pain & suffering but the companies (meat-supplier) insurance will only offer medical & wages.

If I take this to Small Claims am I likely to get anything for pain & suffering?

Can I take the restaurant/cafe and the meat supplier to small claims seperately and if so what would I be suing both for? If one pays the medical and wages, what am I suing the other for? How does that work?

Any help would be greatly appreciated.


Asked on 3/08/00, 12:32 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Small Claims - pain & suffering? multiple companies?

Sue them both in small claims. It is hard to tell what you will get in additional damages, it is up to the judge. He might not give you anything, or he may give you 1 - 3 x your out of pocket damages. Sue them in a single action and ask for damages from each. Let them fight between each other.

If you win either or both can appeal with a new trial in Superior court. You may want to hire an attorney to help you.

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Answered on 3/21/00, 8:14 pm


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