Lawanda Scroggins v. Janet Gordon, Murray Gordon
Published: May 20, 2003 | Result Date: Jan. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: 8328210 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael F. Charles
(medical)
Defendant
Shirley Tucker-Harris
(medical)
Kevin D. Harrington
(medical)
Facts
On Nov. 7, 1999, the plaintiff, a disabled phlebotomist, claimed she slipped and fell while descending an exterior staircase at the defendant's 42-unit apartment building in Oakland. She claimed that she stepped on a 3x4 inch chipped section of a concrete tread that caused her to fall down three or four steps. She testified that she was forced to use the dangerous steps because the elevator was not working and a tread on the interior staircase had collapsed earlier that day. Her six-year-old daughter saw the fall. The defendants contended that they were not negligent in the management and maintenance of the building given the absence of notice, the location of the damaged tread, the proximity of the damaged area to the railing and the infrequent use of the stairs. They argued that even if they were negligent, the plaintiff's description of the fall suggested the broken tread did not cause her to slip.
Settlement Discussions
The plaintiff submitted a demand of $150,000; the defendant offered a waiver of costs.
Specials in Evidence
$17,915 The plaintiff was disabled by rheumatoid arthritis 10 years prior to the fall and was not making a claim for loss of income. $50,000
Injuries
Torn menisci in the left knee requiring arthroscopic repair and the increased possibility of future knee replacement surgery, left elbow injury requiring elbow replacement surgery that took place in 2002. The defense outlined the plaintiff's prior medical history which included referrals to an orthopedist for left knee complaints that had predated the fall.
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