Janet Torres-Medina v. San Luis Bay Inn Timeshare Association Inc., a California entity, and Does 1 through 50, inclusive
Published: Feb. 22, 2014 | Result Date: Jul. 13, 2013 | Filing Date: Jan. 1, 1900 |Case number: CV110122 Verdict – Defense
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Jerri L. Johnson
(Acker & Whipple)
Laurie N. Stayton
(Clark Hill LLP)
Experts
Plaintiff
William A. Rumack M.D.
(medical)
Defendant
Martin M. Balaban Ph.D.
(technical)
J. Randall Davis
(medical)
Facts
On Feb. 7, 2010, Janet Torres-Medina was at the San Luis Bay Inn at Avila Beach, watching the Super Bowl. She slipped and fell, and then sued San Luis Bay Inn Timeshare Association Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant did not fix the patio where she fell, leaving it in an unsafe condition. She claimed it was drizzling that day, which caused a slippery condition, and that ceramic tiles on the patio were not suitable for the patio because they became slippery. In addition, plaintiff argued that defendant should have given warnings about the tiles.
DEFENDANT'S CONTENTIONS:
Defendant argued that the tiles were appropriately outdoors on the patio and were not too slick. Defendant argued that plaintiff should have been more careful and it was noticeable that it was raining outside.
Settlement Discussions
Plaintiff demanded $190,000 and the defense offered $80,000.
Injuries
Plaintiff suffered a bruised arm, compression fracture, elbow injury, epidural injections, and shingles.
Result
The jury's verdict favored the defense, because it concluded that defendant did not commit negligence to cause plaintiff's injuries.
Deliberation
30 minutes
Length
five days
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