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Personal Injury (Non-Vehicular)
Premises Liability
Fall

Serop Moroyan v. Danilo Fabbri, Linda Fabbri

Published: Oct. 22, 2002 | Result Date: Apr. 19, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 8276391 Verdict –  $0

Judge

Patrick Jon Zika

Court

Alameda Superior


Attorneys

Plaintiff

James D. Sumner


Defendant

Sui La

John W. Gudgeon


Experts

Plaintiff

Duc M. Nguyen
(medical)

Scott M. Taylor
(medical)

Defendant

Janet H. Jhoun
(technical)

Facts

The plaintiff, a houseguest at the defendants' house, sustained injuries in a fall at the defendants' house.

Settlement Discussions

The plaintiff submitted a demand of $225,000. There was no offer.

Specials in Evidence

$37,535, subsequently reduced to $11,736 $53,860

Injuries

The plaintiff claimed a fractured left wrist that required surgery. He also claimed a comminuted calcaneus left (heel) fracture which was casted.

Other Information

The jury awarded a verdict for the defense. The court only allowed medical specials in line with Nishihama v. City and County of San Francisco, (93 Cal. 4th 298 (2001). Dr. Janet Jhoun testified that biomechanically, the plaintiff's injuries were more likely the result of a fall off a ladder than down a flight of stairs.

Deliberation

five hours

Length

nine days


#104795

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