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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Dolores Nation v. More Than Just Cars, et al.

Published: Dec. 10, 1994 | Result Date: Oct. 19, 1994 | Filing Date: Jan. 1, 1900 |

Case number: RCV54357 –  $107,690

Judge

Arthwell C. Hayton

Court

San Bernardino Superior


Attorneys

Plaintiff

Dennis J. Sherwin


Defendant

Christopher Cockrell


Experts

Plaintiff

Bjorn Eek
(medical)

Richard E. Grossman
(technical)

Defendant

Frederick Leib
(medical)

Robert C. Rosen
(technical)

Facts

On April 5, 1990, Plaintiff Dolores Nation was a 56-year-old courier in the course and scope of her employment. She was exiting a building owned and built by Defendant Monte Joe Carter, when she tripped over a concrete wheel stop placed in a parking stall. The wheel stop was 44 inches from the door, in the closed position.

Settlement Discussions

Plaintiff contends she demanded $180,000 and Defendant offered $50,000. Defendant contends that they offered $50,000 new money plus the $68,000 Workers' comp lien and that Plaintiff demanded $200,000 new money plus the comp lien.

Specials in Evidence

$29,300 $30,000

Injuries

Fractured radial head of the right elbow requiring excision surgery; neck sprain and right wrist sprain requiring physical therapy.

Other Information

The status of the $68,000 Workers' compensation lien is pending.

Deliberation

1.5 days

Poll

12-0 liability, 11-1 comparative liability

Length

8 days


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