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Personal Injury (Non-Vehicular)
Premises Liability
Fall

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

Daniel S. Pratt

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Douglas L. Hamilton


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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