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Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Michelle Marlowe, Michael Marlowe v. Burtech Pipelines Inc., Douglas Barnhart Inc.

Published: Feb. 15, 2001 | Result Date: Oct. 26, 2000 | Filing Date: Jan. 1, 1900 |

Case number: GIC738224 Verdict –  $0

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Lynn H. Ball


Defendant

Paul R. Kissel

Eric J. Larson


Experts

Plaintiff

Guy W. Winton III
(technical)

Michael G. Willoughby
(technical)

Michael J. Botte
(medical)

Defendant

William R. Ivey
(technical)

Paul R. Woody
(medical)

Facts

On Nov. 6, 1998, the plaintiff, a 51-year-old school teacher, stepped in an uncovered clean-out drain at Monroe
Clark School. The defendants, Burtech Pipeline and Douglas Barnhart were contractors who constructed the
school and installed the drain two years earlier.

Settlement Discussions

The plaintiff made a demand for $100,000. Defendant Burtech made a C.C.P. Section 998 offer of $15,000 on Oct. 5, 2000. Defendant Barnhart made a C.C.P. Section 998 offer of $10,000 on Oct. 4, 2000.

Specials in Evidence

$25,000 $1,500 $385,000 $25,000

Injuries

Michelle Marlowe suffered a ruptured Achilles tendon, requiring a tendon replacement. She alleged that this resulted in a meniscus tear in her opposite knee. Michael Marlowe claimed loss of consortium.

Other Information

The verdict was reached approximately 11 months and 23 days after the case was filed.

Deliberation

45 minutes

Poll

11-1 (liability), 11-1 (damages)

Length

3.5 days


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