Eileen Alkin-Fagliano v. Toll Brothers Inc.
Published: Jul. 9, 2011 | Result Date: Dec. 28, 2010 | Filing Date: Jan. 1, 1900 |Case number: RG09465204 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brad M. Wong
(technical)
Danielle G. Muller
(medical)
Howard Yoshioka
(medical)
David J. Jupina
(medical)
Defendant
Bruce Lehnert
(medical)
James Hinson
(technical)
Facts
Eileen Alkin-Fagliano was visiting a model home owned by Toll Brothers Inc. when she slipped and fell down a staircase.
Contentions
PLAINTIFF'S CONTENTIONS:
Fagliano filed suit against Toll Brothers, alleging premises liability. She contended she fell because of a plastic carpet mask, used to protect the carpets, caused the fall.
DEFENDANT'S CONTENTIONS:
Toll Brothers contended the staircase and plastic mask were safe, and Fagliano's fall was caused by her own misstep.
Damages
Fagliano sought $123,243 in damages.
Injuries
Fagliano suffered a displaced lateral malleolar fracture, syndesmotic injury, and emotional distress.
Result
The jury rendered a verdict for the defense.
Deliberation
two hours
Poll
10-2
Length
seven days
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