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Torts
Intentional Misrepresentation
Premises Liability

Steven C. Christorf v. Vincent Longo, Lisa Longo

Published: May 14, 2011 | Result Date: Mar. 25, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 30-2009-00321650 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Joseph P. DiVincenzo


Defendant

Christopher P. Wesierski
(Wesierski & Zurek LLP)

Mary E. Bevins
(Wesierski & Zurek LLP)


Experts

Plaintiff

Darren J. Malinoski
(medical)

Defendant

Richard W.P. Magargal
(technical)

Darrell O. Clardy
(technical)

Facts

Vincent and Lisa Longo hired Steven Christorf to cut and clean date palm trees in front of their home, having previously cut trees on three or four other occasions. Christorf cut the trees using a chainsaw for four hours. While cutting the second tree, he was swarmed by 10 to 20 rats, and in an effort to get away, unhooked his safety ropes. Christorf then lost his balance and fell off the ladder, continuing to fight the rats. Christorf fell approximately 25 feet after the palm frond broke.

Contentions

PLAINTIFF'S CONTENTIONS:
Christorf filed suit against the Longos, alleging premises liability, intentional and negligent misrepresentation, and concealment. Christorf contended that the Longos had told him an exterminator had inspected the trees and found no rats.

DEFENDANT'S CONTENTIONS:
The Longos contended that Christorf told them that bees, not rats, had attacked him. The Longos alleged that Christorf was under the influence of alcohol and marijuana at the time of the accident. The Longos claimed they never had conversations with Christorf about exterminating rats.

Damages

Christorf sought $536,000 in medical specials, as well as $58,000 in past wage loss, pain and suffering, and punitive damages.

Injuries

Christorf suffered a broken femur, broken pelvic bones, and a lacerated liver, undergoing three surgeries and hospitalization.

Result

The jury rendered a verdict for the defense.

Deliberation

four hours

Poll

12-0

Length

eight days


#105346

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