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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.


TOPICS: Crime/Corruption; News/Current Events; US: Washington
KEYWORDS: boartusks; dentist; dentistry; injustice; insurance; judiciary; robertwoo; teeth; tinaalberts; tusks; washington
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Although this has an obvious humor value, it illustrates one of the reasons why insurance costs are out of control in many arenas, including healthcare malpractice.  This insurance company has been forced by the state to reimburse a dentist for engaging in completely unprofessional behavior.

Yes, it was just a joke, nobody was harmed and it never should have gone to court to begin with, but this dentist was fully aware of the hysterical litigious environment that he works in and should have anticipated trouble.....nobody can take a joke anymore.

Now the assistant has won the lottery, the customers of the insurer will be paying higher premiums and the dentist has come out of it all as a 'winner'.

 

I posted this version from the Times of India because Free Republic posting rules require heavy editing of the local news sources that this was published in.  Other links:

FOXNews.com - Court Sides With Fun-Loving Dentist Over Tusk Prank - Local News News Articles National News US News

Justices rule in favor of jokester dentist

Local News Court awards oral surgeon $750,000 in boar-tusk case Seattle Times Newspaper

1 posted on 07/27/2007 11:57:18 AM PDT by Stoat
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To: Stoat

Woo’s on first....


2 posted on 07/27/2007 12:00:45 PM PDT by Red Badger (No wonder Mexico is so filthy. Everybody who does cleaning jobs is HERE!.......)
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To: Stoat

I had a desktop microphone sitting on my desk and once joked with an employee who sat behind me that I could ‘hear her from across the room’. I ended up in my bosses office getting threatened with invasion of privacy and legal action. I learned that you cannot joke with people at work.... grrrr it still pisses me off.


3 posted on 07/27/2007 12:00:54 PM PDT by Frapster (Arrrgghhh - hands off me booty, mate!)
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To: Stoat

I really think “Boar tusks” should be in quotations since they were not “really” boar tusks.

Good post though.


4 posted on 07/27/2007 12:01:07 PM PDT by Chuck54 (“If you want to be successful, put your effort into controlling the sail, not the wind.”)
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To: Stoat

This story has teeth.


5 posted on 07/27/2007 12:01:14 PM PDT by battlegearboat
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To: Stoat
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.

I'm sure he would be equally fun loving if someone played a nasty practical joke on him while he was knocked out.

susie

6 posted on 07/27/2007 12:03:12 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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To: Stoat

So did he get 3x the amount of his settlement with his assistant from the insurance company because of “pain and suffering” caused by the company denying his claim?


7 posted on 07/27/2007 12:03:24 PM PDT by chrisser
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To: Stoat
This guy had the same dentist. He wasn't exactly pleased.

8 posted on 07/27/2007 12:03:36 PM PDT by ari-freedom (Complex problems have simple, easy to understand wrong answers.)
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To: Chuck54
I really think “Boar tusks” should be in quotations since they were not “really” boar tusks.

You're right, my bad.  I'm sorry   :-(

(standing in corner)

Good post though.

Thank you   :-)

9 posted on 07/27/2007 12:03:47 PM PDT by Stoat (Rice / Coulter 2008: Smart Ladies for a Strong America)
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To: Frapster
I learned that you cannot joke with people at work...

Especially female coworkers. That frequently ends poorly.
10 posted on 07/27/2007 12:05:07 PM PDT by JamesP81 (Keep your friends close; keep your enemies at optimal engagement range)
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To: Frapster

many years ago, I wanted to be the guy in charge..I worked in an office, wore a suit etc. etc..BUT, 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..

my work life is 1000% better without having to worry about office stuff..


11 posted on 07/27/2007 12:05:17 PM PDT by GeorgiaDawg32 (Every Democrat Party cause eventually becomes a business then it degenerates into a racket.)
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To: Stoat

They were under sedation when he played his antics. That goes beyond just a joke.

I’m sure if you (or your wife or kids) had it happen to them you would be understanding.


12 posted on 07/27/2007 12:05:24 PM PDT by Red in Blue PA (Truth : Liberals :: Kryptonite : Superman)
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To: ari-freedom
Mine are bigger..


13 posted on 07/27/2007 12:05:42 PM PDT by Dog ("Nothing important happened today." - from the diary of England’s King George III, July 4, 1776)
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To: Stoat

Sounds like the dentist is the real pig.
He should be forced to disclose this incident to all patients before they undergo anesthesia.


14 posted on 07/27/2007 12:06:22 PM PDT by LongElegantLegs (<--- "Crazy Aunt" Conservative)
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To: brytlea
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.

I'm sure he would be equally fun loving if someone played a nasty practical joke on him while he was knocked out.

He probably would have sued for twice as much as the assistant did because of the additional "insult to his professional reputation"

Particularly considering all of the recent stories of dentists raping and molesting female patients while they are sedated, I'm astonished that he would do something like this.

15 posted on 07/27/2007 12:07:06 PM PDT by Stoat (Rice / Coulter 2008: Smart Ladies for a Strong America)
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To: Stoat
Now the assistant has won the lottery, the customers of the insurer will be paying higher premiums and the dentist has come out of it all as a 'winner'.

You're exactly right and the moonbats on the Wa State Supreme Court are the enablers, it's disgusting.

16 posted on 07/27/2007 12:07:28 PM PDT by jazusamo (DefendOurMarines.com)
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To: Stoat
Yes, it was just a joke, nobody was harmed and it never should have gone to court to begin with, but this dentist was fully aware of the hysterical litigious environment that he works in and should have anticipated trouble.....nobody can take a joke anymore. Now the assistant has won the lottery, the customers of the insurer will be paying higher premiums and the dentist has come out of it all as a 'winner'.

You summed it up well. I don't blame the victim for not taking the joke well. I'd be pissed too. But taking this to court is ridiculous.

17 posted on 07/27/2007 12:07:51 PM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: Stoat

This dentist is a kook.


18 posted on 07/27/2007 12:07:55 PM PDT by GadareneDemoniac
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To: ari-freedom

ROTFLOL!


19 posted on 07/27/2007 12:08:13 PM PDT by Red in Blue PA (Truth : Liberals :: Kryptonite : Superman)
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To: LongElegantLegs

I don’t trust dentists, so I have had a mini camera embedded in one of my rear molars.

They mess with me while I am under and I will have the evidence!


20 posted on 07/27/2007 12:09:04 PM PDT by Syncro
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