Virgilio Co, Rose Co v. City and County of San Francisco
Published: Nov. 5, 2002 | Result Date: Oct. 3, 2002 | Filing Date: Jan. 1, 1900 |Case number: 324558 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
John S. Worden
(Schiff Hardin LLP)
Defendant
Experts
Plaintiff
Theodore K. Mitchel
(technical)
Robert Swanson
(technical)
Martin Booth
(technical)
Albert J. Ferrari
(technical)
Allen B. Bott
(medical)
Andrew M. O'Brien
(technical)
Defendant
William K. Hoddick M.D.
(medical)
Jeffrey C. Lotz
(technical)
Richard N. Stuart
(technical)
Richard F. Gravina
(medical)
Carol R. Hyland M.A.
(technical)
Peter Scott
(technical)
Margo Rich Ogus Ph.D.
(technical)
William D. Hooker
(medical)
Facts
On Sep. 22, 2000, the plaintiff, a 61-year-old draftsman, walked down the northwest staircase of
the Van Ness Muni station in San Francisco. As he reached the first landing, his feet gave way
and he fell and he sustained injuries which resulted in the subject lawsuit.
Settlement Discussions
At the first settlement conference, the plaintiffs demanded $4.8 million and the defendant offered $37,000 (the cost of the defense). The plaintiffs later served a C.C.P. Section 998 offer for $1.5 million. The city countered with a C.C.P. Section 998 offer for waiver of costs. Just prior to opening statements, the plaintiffs conveyed a settlement demand of $394,000. The defendant offered $50,000.
Specials in Evidence
$323,000 $64,000 $266,000 $170,000
Damages
The plaintiff's spouse claimed a loss of consortium.
Injuries
The plaintiff sustained a fracture of his skull and was taken by ambulance to UCSF Hospital on the same day. At UCSF, the plaintiff underwent two procedures to oblate his two dural arteriovenous fistulas in his skull. He remained at UCSF for over two weeks and was then released for home care. The plaintiff underwent extensive rehabilitation and speech therapy and returned to work at 80 percent time as of July, 2001. As a result of his brain injury, the plaintiff is unable to work a full day and can only work 80 percent of his time until retirement.
Other Information
After a four hour deliberation, the jury concluded that the Van Ness Muni station was not a dangerous condition of public property. The parties agreed to waived costs in exchange for abandoning new trial motion and appeal. The verdict was reached one year and one month after the case was filed.
Deliberation
four hours
Poll
9-3
Length
three weeks
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