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Personal Injury
Premises Liability
Dangerous Condition

Mike Mai v. Rodney Serverson

Published: Aug. 24, 2004 | Result Date: Feb. 10, 2004 | Filing Date: Jan. 1, 1900 |

Case number: GIC799466 Verdict –  $21,622

Judge

John S. Meyer

Court

San Diego Superior


Attorneys

Plaintiff

James L. White

Dinh Tran


Defendant

J. Ross Peabody
(Law Offices of Michael E. H. Anderson)


Experts

Plaintiff

Kien T. Ta
(medical)

Facts

On Nov. 15, 2001, the plaintiff, age 50, voluntarily went over to help a neighbor, the defendant, to remove wood latching from the defendant's patio. The plaintiff fell while he was on top of the patio.

Settlement Discussions

Prior to trial, the plaintiff attempted to settle the case for $40,000. The defendant made a C.C.P. Section 998 for $2,000.

Specials in Evidence

$34,036

Injuries

The plaintiff suffered a broken right arm, neck and back pain.

Result

The jury awarded the plaintiff damages on a comparative fault basis; the plaintiff was held 40 percent negligent and the defendant, 60 percent. The amount of the award is $21,622 to the plaintiff.

Deliberation

one day

Length

two days


#107630

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