Joann Johnson v. Wasil Demchuk
Published: Sep. 17, 2005 | Result Date: May 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: DUM0003004 Arbitration – $439,000
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Rodger A. Mann
(medical)
Richard F. Gravina
(medical)
Al Owens
(technical)
Defendant
Thomas G. Sampson M.D.
(medical)
Facts
The plaintiff, Joann Johnson, 53, fell down a stairwell that led to her Burlingame apartment. As a result of the fall, Johnson injured her back and fractured her foot. Johnson sued Wasil Demchuk, the owner of her apartment building, for premises liability. The parties agreed to binding arbitration in an effort to resolve the matter.
Settlement Discussions
The plaintiff demanded $250,000 (C.C.P. Section 998); the defendant offered $125,000
Specials in Evidence
$33,045 for foot injuries; $14,528 for neck and spine injuries $40,000 $50,000 $50,000
Injuries
The plaintiff's alleged injuries consisted of a fractured mid-left foot and damage to her subtalar joint. The plaintiff also suffered a back sprain and cervical spinal stenosis.
Result
The arbitrator, Alan Simon, awarded $439,000 to the plaintiff.
Other Information
Pursuant to the arbitration agreement, the defendant would admit liability in exchange for a $400,000 cap on damages that would not be disclosed to the arbitrator. The arbitrator awarded the plaintiff $439,000, which was reduced to $400,000. The plaintiff also received $5,000 no-fault medical coverage from a State Farm homeowners policy.
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