Shawn Scott Bailey v. San Leandro Property Management; and Jard & Company
Published: Apr. 5, 1997 | Result Date: Nov. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: H1805129 – $1,250,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joseph M. Grant
(medical)
Melvin C. Fredlund
(technical)
Robert Holiday
(technical)
Defendant
Wes Daniels
(technical)
Facts
On Dec. 21, 1993, plaintiff Shawn Scott Bailey, a 35-year-old repairman, was injured when his foot went through a hole in the roof while working on property owned and managed by the defendants.The roof contained dry rot due to excessive moisture which had weakened the structure. The defendants allegedly received numerous reports from a roofing company indicating that the roof needed to be replaced. The plaintiff brought this action against the defendants based on a negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $500,000 lowered to $250,000 during trial. The defendants made a C.C.P. º998 offer of compromise for $50,000 that was withdrawn during trial.
Specials in Evidence
$15,000 $98,626 $435,000 - $541,000 $125,000
Injuries
The plaintiff alleged that he suffered fractured vertebrae in the lumbar region, requiring multiple surgeries. The plaintiff also claimed that he suffered permanent injury to his lower back and could only return to work with limitations.
Other Information
The defendants' motion for new trial was granted, on the grounds of insufficient evidence. The plaintiff has filed an appeal from the order granting new trial. A new trial has been scheduled for Aug. 29, 1997, if not reversed. The trial judge previously granted a mistrial at the defense request after two days of trial and a new jury was selected.The defendants' motion for judgment notwithstanding the verdict was denied. The defendants' motion for judgment notwithstanding the verdict was denied.
Deliberation
2 days
Poll
11-1
Length
9 days
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