JoAnn Fray v. Crest Royal Corporation, Juventino Santillam, and Does 1 through 10, inclusive
Published: Feb. 1, 2014 | Result Date: Dec. 10, 2013 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-528077 Settlement – $450,000
Court
San Francisco Superior
Attorneys
Plaintiff
R. Boone Callaway
(Callaway & Wolf)
Defendant
Brian R McClellan
(Law Office of Brian R. McClellan)
Facts
JoAnn Fray lived in an apartment building owned by Crest Royal Corp. Juventino Santillam worked as a doorman at the building. On Oct. 20, 2012, Santillam opened a swinging door on the outer area of the elevator, striking Fray, who fell to the floor.
Fray sued Crest Royal Corporation and Santillam.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that while she stood waiting for an elevator in the garage area of the building, Santillam vigorously opened the outer elevator door in her direction. Plaintiff claimed that due to this conduct, she fell. She argued that defendant was negligent by not directing the door carefully, or peeking through a window in the door before swinging it open. In addition, plaintiff argued defendant was aware, or should have know about the unreasonable risk of harm, was not careful enough, and did not caution plaintiff about its dangers.
DEFENDANT'S CONTENTIONS:
Crest Royal argued that its worker carefully opened the door. Defendant contended that the window was too small to see plaintiff approaching. In addition, defendant argued plaintiff was aware of the door's location and should not have stood in its path.
Damages
Plaintiff sought $80,000 in past medical expenses, and pain and suffering damages.
Result
Scottsdale Insurance Co., on behalf of defendants, agreed to settle the matter for $450,000.
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