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Personal Injury
Premises Liability
Slip and Fall

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

Paul Matiasic


Defendant

P. Kurt Peterson


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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