Dimoff v. Maitre
| Decision Date | 27 May 1983 |
| Citation | 432 So.2d 1225 |
| Parties | Helen DIMOFF v. Dr. Michael MAITRE. 81-781. |
| Court | Alabama Supreme Court |
James E. Atchison and Michael M. Davis of Hess, Atchison & Horne, Mobile, for appellant.
A. Neil Hudgens and Miachel S. McGlothren of Brown, Hudgens, Richardson, Whitfield & Gillion, Mobile, for appellee.
This is a medical malpractice case. The plaintiff, Helen Dimoff, alleged in her complaint that the defendant, Dr. Michael Maitre, negligently performed certain dental work for her. The trial court granted summary judgment for Dr. Maitre.
On or about March 2, 1977, Dr. Maitre undertook to provide Mrs. Dimoff with permanent bridgework and crowns for several teeth in her lower and upper jaws. According to Mrs. Dimoff, Dr. Maitre tried and failed several times to prepare proper impressions of Mrs. Dimoff's bite and teeth and to provide adequate temporary crowns. Fourteen months after Dr. Maitre began the work, Mrs. Dimoff left his care and engaged another dentist, Dr. Kendall M. Helton, to provide the bridgework and crowns. Dr. Helton successfully completed his treatment of Mrs. Dimoff in approximately one month.
Mrs. Dimoff opposed this motion with an affidavit of Willis Robinson, as follows:
"Personally appeared before me, the undersigned authority in and for said county, in said state, Willis Robinson, who is known to me, and who, after having been first duly sworn on oath states that he is a certified dental laboratory technician practicing his profession in the city and county of Mobile, State of Alabama; that he holds membership in two professional organizations including the National Association of Dental Laboratory Technicians and the Alabama Dental Laboratory Association; that he has practiced his profession and has experience in his field for a period of the last twenty-two (22) years; that his particular specialty is in the field of ceramics, crown and bridge and dentures; that he has done work for some 150 to 200 dentists practicing in the community of Mobile, Alabama; that he is now and has been at all times pertinent hereto familiar with and knowledgeable of the standards and customs of practice governing the practice of dentistry in preparing and taking impressions of patients sufficient to construct crowns and bridges in such a way as to make them fit properly, including those standards and customs governing the practice in the City and County of Mobile, State of Alabama; that he is familiar with and knowledgeable of the treatment and procedures whereby Dr. Michael Maitre performed bridge and crown work for Mrs. Dimoff; that his knowledge of all the facts and circumstances is based on his attempts to construct four different bridges and at least ten crowns for Mrs. Dimoff from impressions made and taken by Dr. Maitre over a period of three to four weeks; that the impressions were not sufficient to construct the crowns and bridges in such a way to make them fit properly; that he subsequently constructed bridges and some crowns for Mrs. Dimoff made from impressions that were properly taken the first time by Dr. Helton who is also a licensed dentist practicing in Mobile, Alabama; that based upon his training, knowledge and familiarity, with the customs and standards of practice governing conduct of dentists under the circumstances involved in the treatment and care of Helen Dimoff during the time in question and under same or similar circumstances; that the care and treatment rendered by Dr. Michael Maitre to Helen Dimoff was not sufficient to allow the...
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