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Personal Injury
Premises Liability
Slip and Fall

Rebecca Kerr v. The Regents of the University of California

Published: Jul. 9, 2011 | Result Date: Apr. 5, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 34-2009-00039902 Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Glenn S. Guenard
(Guenard & Bozarth LLP)


Defendant

Bradley S. Thomas
(Thomas Law Firm)


Experts

Plaintiff

William P. Duffy
(medical)

Facts

Rebecca Kerr was visiting her sister at the UC Davis Medical Center on June 6, 2008 when she slipped and fell in her sister's room.

Contentions

PLAINTIFF'S CONTENTIONS:
Kerr filed suit against the Regents for the University of California, alleging premises liability. She contended she slipped on a wet floor that had recently been mopped after the custodian failed to provide adequate warning of the slippery floor.

DEFENDANT'S CONTENTIONS:
The Regents admitted the floor was recently mopped, but contended the area where Kerr fell had not been mopped. It also alleged there was no evidence the floor was still wet, claiming the floor could be wet from Kerr having spilled water from a flower vase. The Regents further alleged that Kerr knew the floor was recently mopped and had been adequately warned.

Damages

Kerr sought $10,000 in medical expenses as well as $20,000 in lost income.

Injuries

Kerr sustained a fracture of the head of the humerus in her left shoulder, and was treated with epidural steroid injections.

Result

The jury rendered a verdict for the defense.

Deliberation

30 minutes

Poll

8-0

Length

three days


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