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Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Katrina Stalinski, by and through her Guardian Ad Litem Art Stalinski v. KinderCare Learning Centers

Published: Mar. 29, 1997 | Result Date: Feb. 3, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 748872 –  $23,779

Judge

Selim S. Franklin

Court

Orange Superior


Attorneys

Plaintiff

Francis P. Papica


Defendant

Joseph L. Chairez


Experts

Plaintiff

Zaven Bilezikjian
(medical)

Facts

On April 26, 1993, plaintiff Katrina Stalinski, a 3-year-old student at defendant KinderCare Learning Centers, was pushing the restroom door to open in her pre-school classroom, while at the same time, her teacher was pushing it closed. The plaintiff claimed she caught her left second and third fingers between the back edge of the bathroom door and the jamb where the door hingers are located. The minor plaintiff, through her guardian ad litem, brought this action against the defendant pre-school based on negligence, premises liability and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $120,000 new money, reduced to $40,000 new money before trial. The defendant made a C.C.P. º998 offer of compromise for $31,000, inclusive of medical payments, reduced to $10,000 (new money) before trial.

Specials in Evidence

$8,779.10

Damages

The plaintiff sought $120,000 (new money).

Injuries

The plaintiff alleged she sustained crush injuries to her left minor second and third fingers, resulting in epiphysiodesis of the distal phalanx of her left index finger.

Other Information

The verdict was reached approximately one year and eight months after the case was filed.

Deliberation

6 hours

Poll

9-3 (negligence)

Length

2+ days


#101404

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