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Personal Injury (Non-Vehicular)
Product Liability
Dangerous Condition

Natalain Schwartz v. Garden Haven Nursery, et al.

Published: Sep. 2, 1995 | Result Date: Jul. 20, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 128502 –  $50,000

Judge

Thomas A. Black

Court

Santa Cruz Superior


Attorneys

Plaintiff

David A. Fulton


Defendant

Philip M. Andersen
(Philip M. Andersen & Associates)


Experts

Plaintiff

Peter Karzmark
(medical)

Jeffrey Englander
(medical)

Joseph Giallo
(technical)

Defendant

Daniel Meub
(medical)

Facts

On May 11, 1993, Defendant Garden haven Nursery supplied a nursery cart to Plaintiff Natalain Schwartz, to gather some plants at the nursery. As Plaintiff was going down a hill to pick up her plants, the cart's brakes failed. Plaintiff was forced to jump from the cart. Plaintiff was 41-year old landscaper in the course and scope of her employment at the time.

Settlement Discussions

Plaintiff contends she demanded $250,000 and Defendant offered $3,500.

Specials in Evidence

$3,500

Injuries

Plaintiff claimed closed head injury; soft tissue neck and back; and residual cognitive losses including memory difficulties. Treatments and or surgeries, current and/or future, were not disclosed.

Other Information

This was case was filed on filed February 2, 1994; one year and five months prior to this result. This case was bifurcated and settled for $50,000 after a Plaintiff's verdict was awarded in the liability phase. A prior arbitration by Robert Patterson resulted in a Plaintiff's award of $10,000; trial de novo by Defendant.

Deliberation

4 hours

Poll

11-1

Length

4 days


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