Freda Webb v. William Young
Published: Jan. 25, 1997 | Result Date: Jan. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: 227156 – $330,000
Judge
Court
Kern Superior
Attorneys
Plaintiff
David K. Cohn
(Chain Cohn Stiles)
Defendant
Experts
Plaintiff
Stephen J. Helvie
(medical)
Bernard Gabrielson
(technical)
Bradley K. Joseph
(medical)
Joel D. Mack
(medical)
Facts
On Oct. 24, 1994, plaintif Freda Webb, a 55-year-old employee of a Sizzler Restaurant in Bakersfield, was injured during the course and scope of her employment when she fell through the ceiling from an attic storage area onto the tile floor of the restaurant kitchen area. Her employer, a franchisee of Sizzler International, used the attic area for storage of light supplies. A plywood floor had been installed during the contruction of the building. The plaintiff could not recall how the accident occurred, but she fell from the plywood area directly onto the ceiling tile and down the floor. The defendant was William Young, the building owner at the time of the accident. As a result of the statute of limitations, the plaintiff was precluded from suing the contractor who constructed the building and failed to install a guardrail system. The plaintiff brought this action against the defendant building owner based on failure to inspect and violation of the Uniform Building Code theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,999. The defendant made no settlement offers.
Specials in Evidence
$53,000 $128,000
Damages
The plaintiff asked for general and special damages in the amount of $181,000.
Injuries
The plaintiff claimed to have suffered a herniated disc at L-4-5, injured her right, major, shoulder, and was suffering from a postconcussion syndrome. The plaintiff also claimed she underwent back surgery in 1994 and shoulder surgery in 1996, and that she had made a good recovery but would have residual physical limitations for the remainder of her life.
Other Information
There was no recovery on behalf of the workers' compensation lien.
Deliberation
3+ days
Poll
____________ (#s pls.)
Length
7 days
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