Bryce Carter, Darren Johnson v. Leslie Partners, California Culinary Academy Inc., Apple Elevator Co.
Published: Aug. 17, 2004 | Result Date: Apr. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: CBC02406131 Verdict – $24,600
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Patrick R. Kitchin
(Kitchin Legal APC)
Linda M. Ross
(Renne Public Law Group)
Defendant
Nandor B. Krause
(Severson & Werson)
Experts
Plaintiff
John Gerk
(technical)
Brad Roddecker
(medical)
Heinze Hoeneke
(medical)
Ronald Greenwald
(medical)
Carol R. Hyland M.A.
(technical)
Defendant
Michael C. Fagan
(technical)
Steve Greene
(technical)
Earl V. Fogelberg
(medical)
Facts
In April 2001, Bryce Carter, Darren Johnson and two other individuals boarded a 1926 Spencer overhead traction elevator that serviced the five floors of 587 Eddy Street in San Francisco. The building and elevator were owned by Leslie Partners, operated by California Culinary Academy Inc. and commonly known as Sonoma Dorm.
Settlement Discussions
Johnson demanded $175,000 jointly from all defendants. Carter demanded $125,000 jointly from all defendants. Plaintiff Bryce Carter was not offered anything before trial.
Damages
Johnson asked the jury to award approximately $30,000 in special damages and $500,000 in pain and suffering. Carter asked the jury to consider a similar award.
Injuries
Johnson claimed that he suffered a torn medial meniscus. Carter claimed that he suffered lower back and cervical neck pain, which developed into thoracic back pain. He also complained of severe emotional distress.
Other Information
According to Apple's counsel, the court excluded evidence related to the suspected cause of many prior elevator malfunctions or any vandalism that was persistently causing problems with the elevator. Further, the court excluded evidence suggesting that the plaintiffs were jumping up and down in the elevator at the time of the incident. The elevator experts were therefore limited in what they could opine as the probable cause of the incident. Apple's counsel also reported that the court found the academy to be the common carrier in this case and the jury therefore found it fully liable based on the high standard of care placed on it as a common carrier.
Deliberation
1.5 days
Poll
12-0 (liability), 10-2 (damages)
Length
20 days
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