Jila Soofer v. Earl Wynn, et al.
Published: May 3, 2008 | Result Date: Mar. 31, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC358073 Arbitration – $142,500
Court
Arbitration Forum
Attorneys
Plaintiff
Joseph S. Helman
(Klass Helman & Ross)
Defendant
Experts
Defendant
Peter J. Zande
(technical)
Facts
On Dec. 19, 2005, plaintiff Jila Soofer, age 63, slipped and fell on defendant's parking lot surface when walking from the parking attendant booth to the entrance of the building. The parking lot had been hosed down by the defendant's gardener earlier that morning.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent for not placing proper warning signs or cones and for maintaining a dangerous condition during business hours.
DEFENDANT'S CONTENTIONS:
The defendant contended that warning signs were present that there was an open and obvious wet surface and that plaintiff was negligent.
Settlement Discussions
The defendant denied liability and made no offers of settlement prior to the binding arbitration.
Damages
The issues of injuries and damages were not in dispute. The only issue litigated was liability.
Result
The arbitrator found in favor of plaintiff and against defendant. The plaintiff was found to be 25 percent comparatively negligent. The plaintiff and defendant agreed to a high/low of 0 to $190,000. Therefore, the plaintiff received $142,500 net award.
Other Information
Insurer: State Farm for defendant. FILING DATE: Sept. 6, 2006.
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