Raymond J. Foerstel v. John Paul Jefferey, dba Sportsman's Lounge, Edna Jeffrey
Published: Oct. 29, 2002 | Result Date: Oct. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: VC031902 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Jennifer J. Moon
(Office of the Long Beach City Attorney)
Experts
Plaintiff
Kenneth Sall
(medical)
Ali Hafesi
(medical)
Facts
The plaintiff, a 70-year-old man, tripped and fell over a milk crate in a dark hallway in a restaurant. He claimed
that his eye area hit the crate during the fall.
Specials in Evidence
The plaintiff claimed past medical costs of $15,225 for orthopedic and $890 for ophthalmology The plaintiff claimed future medical costs of $67,000 for orthopedic and $1,000 per year for life for maintenance of the artificial tear duct
Injuries
The plaintiff claimed soft-tissue injuries to his neck; exacerbation of a pre-existing back injury was exacerbated by the fall, requiring surgery; a left shoulder and left knee injury, requiring physical therapy; and an injury to his left eye, requiring surgery to create an artificial tear duct.
Result
The jury returned a verdict in favor of the defense based on their finding that it was not negligent to put the milk crate outside the kitchen. They found that the plaintiff was 100% negligent for walking through a dark hallway.
Other Information
The plaintiff's motion for new trial was denied. The plaintiff has filed an appeal.
Length
two days
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