Dentist awarded $130K; found liable to pay ex-employer $62K

A federal jury awarded yesterday Dr. Masha Maxim $130,000 for damages in her lawsuit against Dental Care and its owners for breach of contract over her termination, but found her liable to pay $62,000 in damages for slapping one of her former employers.

In the end, after the court offsets the awards, Dr. Maxim, a Canadian dentist, will get a net award of $68,00. Both parties expressed themselves satisfied with the verdict.

After deliberating for almost two days, the eight jurors found Dental Care Corp. and its owners, Rodney Steward and Scott Thompson, liable to Maxim for breach of contract and discharge in violation of public policy.

The jury awarded Maxim $30,000 in compensatory damages for lost income and benefits and $100,000 in punitive damages, for a total of $130,000.

Attorney Stephen Nutting, counsel for Maxim, told the media after the sentencing that they are very happy with half of the verdict.

Nutting said he believes that the verdict on the assault claim was a little excessive.

Nutting, however, stated that the jurors were very attentive throughout the trial. “I was very impressed with the hard work that they did on this,” he said. “We’re really happy. We’re really satisfied with the outcome of this case.”

Nutting said he is very proud of Dr. Maxim, considering that he discouraged her from going to trial. “She kept saying she needs to do the right thing. Essentially she made me try this case over my objection. But she wanted to make sure truth and justice prevail. And I think that’s really what happened here,” he said.

Attorney Michael Dotts, counsel for Dental Care and Steward, told the media that this is a split decision as basically the jury awarded both sides.

“So in our side we are very pleased and justice prevailed. And we got punitive damages against the dentist for striking her employer. That’s fairly significant,” Dotts said.

Dotts said the jurors used their wisdom and both sides won and both sides lost. “I guess the good news is and this is really what trials are for: This ends the controversy. These people are very upset with each other. And this has been going on for more than a year. And now finally have a closure,” he said.

Maxim sued the defendants for terminating her and for allegedly failing to make good of their promises. She demanded $386,000 in her lawsuit for lost wages and damages.

Thompson filed a counterclaim against Maxim for allegedly slapping him in the clinic. He demanded $80,000 from the dentist for lost income and damages.