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
Court
Santa Cruz Superior
Attorneys
Plaintiff
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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