Jamie Davis v. Hyon Kim
Published: Jul. 22, 2003 | Result Date: May 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC5556 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Steven C. Glickman
(Glickman & Glickman ALC)
Defendant
Experts
Plaintiff
Brad P. Avrit P.E.
(technical)
Ian Brodie
(medical)
Defendant
Kenneth A. Solomon
(technical)
George S. McCann
(medical)
Facts
The subject suit arises out of a slip and fall accident which occurred on Sep. 7, 2001, on a river rock walkway which lead up to the defendant's property in Seal Beach. Prior to the accident, the plaintiff was walking her two children toward the bus stop. As she approached the defendant's residence, she observed the sprinklers for the curbside lawn to be spraying water 4-6 feet in height and across the sidewalk onto the defendant's front lawn. As a result, the plaintiff proceeded across the defendant's front lawn in order to avoid the sprinklers. As she took her first step off the front lawn onto a river rock walkway leading up to the defendant's residence, she slipped and fractured her right leg.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $299,999. The defendant offered $5,000 prior to trial. At a mandatory settlement conference which occurred prior to trial on Jan. 21, 2003, plaintiff's counsel reduced her demand to $85,000. The defendant did not increase his offer.
Specials in Evidence
$111,000 $5,000 none Unknown
Injuries
The plaintiff fractured her tibia and fibula in her right leg as a result of the accident. She underwent a surgical procedure to insert an intermedullary rod in her right leg and was hospitalized at Los Alamitos Medical Center for six days after the accident. After her initial procedure, the plaintiff underwent two additional surgical procedures to remove the screws from the rod.
Other Information
The plaintiff agreed to waive her right to move for a new trial and/or appeal the verdict in exchange for defendant's waiver of costs.
Deliberation
three hours
Poll
10-2
Length
five days
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