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Commercial Law Keyed to Zierdt, 1st Ed.
Golden v. Den-Mat Corp.
Citation:
47 Kan. App. 2d 450, 276 P.3d 773 (2012)Facts
In late 2004, Brenda Golden wanted to replace her existing dental veneers with new ones that would give her a “super white” appearance. After seeing a magazine advertisement for Cerinate veneers manufactured by Den-Mat, Golden contacted the company and received a brochure describing the veneers as “thin porcelain shields” that would last up to 16 years “with no discoloration.” Den-Mat referred Golden to Dr. Gill, a dentist authorized to apply Cerinate veneers. Golden met with Dr. Gill, showed her the brochure, and specifically asked about the durability and potential for discoloration. According to Golden, Dr. Gill assured her that porcelain would not discolor. Dr. Gill applied the veneers to Golden’s upper teeth on January 10, 2005, and to her lower teeth three weeks later. Golden paid $9,875.25 for the veneers. After installation, some veneers came loose or cracked, and Golden claimed they developed “a gray cast.” When Den-Mat declined to replace the veneers, Golden had her upper veneers replaced with a different product in 2008 at a cost of about $4,500. She then filed suit against Den-Mat and Dr. Gill on January 9, 2008.
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