|
|
 |
PERSONAL INJURY Premises Liability Slip and Fall SETTLEMENT: $101,000. CASE/NUMBER: Case I.D. Confidential COURT/DATE: L.A. Superior Central . JUDGE: Hon. Thomas Murphy, Dept. B TECHNICAL EXPERTS: Plaintiff – Jay Preston, safety engineer, L.A Defendant – John Tyson, forensic engineer, Encino. FACTS: The Plaintiff, a 38-year-old grocery store bakery clerk, slipped and fell on an exterior concrete stairway at a residential apartment complex owned by Defendant. The stairway was wet with water. CONTENTIONS: The plaintiff claimed strict liability caused by a latent defect due to non-conforming stairs and lighting. Plaintiff further contended that Defendant’s negligent maintenance of the property allowed water accumulation on the stairs from its sprinkler system, constituting a dangerous condition. Defendant contended that the stairway and lighting was according to code; there was no latent defect; and Plaintiff was negligent for failing to use the handrail. INJURIES: Left heal fracture requiring surgical fusion of subtalar. SPECIALS IN EVIDENCE: MEDS $23,500; Future MEDS $10,000 to $15,000; LOE (Loss of Earnings) $15,000; Future LOE not determined. SETTLEMENT DISCUSSIONS: Plaintiff contends he made no demands and Defendant offered $12,500. OTHER INFORMATION: A prior arbitration by Michael J. Zuckerman resulted in a Plaintiff’s award in the amount of $33,000; trial de novo by Plaintiff. This case settled after 5 days of trial and during jury deliberation. |
|
|
|
||