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Personal Injury
Premises Liability
Apartment Building

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

Donald L. Galine

Chantel L. Fitting


Defendant

Willard L. Alloway


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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