Abrupt Dismissal : Drag-Racing Champ’s Malpractice Suit Ends

A malpractice suit filed by world drag-racing champion Shirley (Cha Cha) Muldowney against a San Fernando Valley plastic surgeon was abruptly dismissed Thursday as opening statements were scheduled to begin in Van Nuys Superior Court.

The dismissal came after a lengthy, closed-door conference between lawyers for the plaintiff and the defendants, Dr. Joseph Nemetz and Valley Plastic Reconstructive Medical group.

Neither the judge nor the attorneys could be reached for comment. It is not unusual for an out-of-court settlement to be reached just before a case goes to trial.

Claimed $150,000 Losses

In her suit, filed April 1, 1980, the 44-year-old Muldowney had claimed losses of more than $150,000 after an operation by Nemetz in 1979 to remove wrinkles from around her eyes left her with a drooping lower left eyelid and extensive swelling around both eyes.

The racer’s attorney, Lawrence Stern, had said that Muldowney wanted to have the wrinkles removed because she was to appear on the Johnny Carson Show and play a part in a movie based on her life, “Heart Like a Wheel.” Stern said his client had to cancel both appearances because of the complications that followed the surgery.

Nemetz’s attorney, David Weiss, had denied any malpractice by his client, saying that such complications are to be expected in a certain number of plastic surgeries. Nemetz has offices in Encino and Northridge.

Muldowney, who lives across the street from the campus of California State University, Northridge, has since had surgery completed by another surgeon to correct the swelling and drooping. She was in court Thursday but had no comment on the dismissal.

Confined to Wheelchair

The “Queen of Drag Racing” was still confined to a wheelchair from a June 29 racing crash in Quebec that left her feet and legs mangled and broken.

In that accident, Muldowney’s left front tire broke apart at 247 m.p.h. and her car veered sharply to the left, shot across an eight-foot ditch and disintegrated on a muddy embankment.

As the lawyers discussed the case in judge’s chambers throughout the morning, court watchers popped in and out of the courtroom to catch a glimpse of Muldowney, her right leg in a cast.

Muldowney is the National Hot Rod Assn.’s only three-time world champion, having won that title racing $50,000 Top Fuel dragsters in 1977, 1980 and 1982.