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Personal Injury
Premises Liability
Trip and Fall

Kree Kristi Brown v. Xila Management, Bill Scoortis

Published: Aug. 26, 2003 | Result Date: Jan. 17, 2003 | Filing Date: Jan. 1, 1900 |

Case number: GIC776514 Verdict –  $36,113

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Mark-Robert Bluemel


Defendant

Kathleen J. Osteen


Experts

Plaintiff

Wesley Smidt
(medical)

Daniel W. Vomhoff
(technical)

Perry Savage
(medical)

Defendant

William Luvasky
(medical)

Carl A. Beels
(technical)

Facts

At approximately 2:00 a.m., the plaintiff, a 30-year-old beautician, was descending some interior stairs in an apartment building in San Diego where she rented a unit. She and three male friends were walking downstairs on their way to an after-hours night club. She tripped and fell and instituted the suit against the building's managers and its owner.

Settlement Discussions

According to the plaintiff, the plaintiff demanded $36,113. According to the defendant, the plaintiff demanded approximately $700,000. The defendants made a C.C.P. Section 998 offered of $25,000.

Specials in Evidence

$13,880 $13,360 $300,000 $26,200

Damages

The plaintiff claimed that she could no longer continue working as a hairstylist. The defendants argued that there was evidence that showed that Brown had continuous work from eight weeks after the accident. The defendants also argued that the plaintiff's medical specials were $6,000 and that her loss of income was $7,000.

Injuries

The plaintiff suffered a fractured left wrist (non-dominant) with external fixator.

Result

The jury returned with a gross award of $36,113 which was reduced to $10,834 after the jury found the defendants 30 percent negligent (combined) and the plaintiff 70 percent comparatively negligent.

Deliberation

five hours

Length

four days


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