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Personal Injury
Premises Liability
Negligent Repair and Maintenance

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

John S. Ferris


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


#101747

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