Sue Pitzer v. Dover Elevator, et al.
Published: Jan. 25, 1997 | Result Date: Nov. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: 95AS01367 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Richard M. Jacobson
(Jacobson Markham LLP)
Experts
Plaintiff
Leon Saunders
(medical)
Kathleen Quadro
(medical)
James T. Hamilton
(medical)
Vernon P. Keller
(technical)
Defendant
Eugene Farnsworth
(technical)
Thomas Einhorn
(medical)
Facts
On March 10, 1994, plaintiff Sue Pitzer, 39-year-old unemployed woman, attempted to enter an elevator in her wheelchair. The elevator door closed on the plaintiff's foot causing serious bruising. Several days later, a hematoma was drained and infection set in. The plaintiff's leg was amputated above the knee as a result. The plaintiff brought this action against defendant Dover Elevator and the defendant owner of the building (Joe White) based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $600,000. The defendants made no settlement offers.
Specials in Evidence
$____________ $____________ $____________
Injuries
The plaintiff claimed to have suffered significant bruising and a hematoma as a result of the incident. Over several days, the plaintiff claimed that the hematoma grew worse, necessitating the draining of blood from her foot. The plaintiff claimed that her leg was amputated above the knee as a result of infection.
Other Information
The verdict was reached approximately two years after the case was filed. The plaintiff was highly susceptible to significant hematoma from a very minor trauma as she suffers from a rare blood disease (FOP) and uses the drug Cumidin which thins the blood. If significant force had been applied to the plaintiff's foot, her foot would have broken in several places due to severe osteoporosis in her foot. Since the plaintiff's foot was not broken by the closure of the door, this indicated a minor trauma.
Deliberation
1 hour
Poll
12-0 (as to defendant Dover Elevator), 11-1 (as to defendant Joe White)
Length
17 days
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