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Personal Injury
Premises Liability
Negligent Maintenance

Daniel Getsla v. Exemplar Enterprises Inc.

Published: Sep. 6, 2014 | Result Date: May 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-12-527561 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

David L. Hart
(Law Office of David L Hart)


Defendant

Stephen J. Schori
(Law Offices of John A. Biard)


Experts

Plaintiff

Larry H. Woodcox
(medical)

Kevin S. Bacon
(technical)

Peter E. Callander
(technical)

Defendant

Dr. Charles DiRaimondo
(medical)

Facts

Daniel Getsla sued Exemplar Enterprises Inc. in connection with an incident that occurred at the San Francisco Federal Building.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he was working at the Federal Building through his employer At Your Service Heating and Cooling, when he received a report about a water leak. He investigated the reported leak, which was at a grassy area near the building's entrance, and he slipped and fell, twisting his ankle. Plaintiff then sued Exemplar, which he claimed was responsible for the maintenance of the grounds, including landscaping. Plaintiff alleged that Exemplar created a dangerous condition by failing to properly maintain the landscaping and the sprinkler system, which caused the leak.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claims, contending it was not responsible for the sprinkler system. Defendant also contended that plaintiff's claims were highly suspect. Defendant also disputed plaintiff's alleged injuries, arguing that his pain was caused by his diabetes, and other pre-existing arthritic condition caused his pain.

Damages

Getsla requested $960,000 in total damages, which included $8,186 in past medical expenses and $42,052 in past lost earnings.

Injuries

Getsla claimed he fractured his left leg.

Result

The jury found in favor of Exemplar.

Length

five days


#108117

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