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Personal Injury (Non-Vehicular)
Dangerous Condition of Public Property
Trip and Fall

Badr Elmhawar v. City of Los Angeles, et al.

Published: Oct. 21, 1995 | Result Date: Sep. 29, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC107245 –  $0

Judge

Judith C. Chirlin

Court

L.A. Superior Central


Attorneys

Plaintiff

Fernando D. Vargas
(Law Offices of Fernando D. Vargas)


Defendant

Gary G. Geuss


Experts

Plaintiff

J. Thomas Williams
(medical)

Gary Begin
(technical)

Defendant

Jack L. Vandernoot
(medical)

Facts

On April 1, 1994, Plaintiff Badr Elmhawar, a 30-year-old male self-employed caterer, was jogging at Runyon Canyon Park in Defendant City of Los Angeles. He allegedly stepped on a water valve stem from an abandoned irrigation system, and as a result, sustained injury.

Settlement Discussions

Defendant contends it offered $10,000 and Plaintiff demanded $64,500. Plaintiff contends his demand was reduced to $20,000 before trial and that Defendant indicated a willingness to offer $15,000.

Specials in Evidence

$32,000 $7,000

Injuries

Puncture of the left foot resulting in the fracture of the fourth metatarsal requiring 1 foot surgery, orthopedic treatments and resulting in permanent impairment to the left foot.

Other Information

A prior arbitration by Stuart Barth resulted in a Plaintiff's award in the amount of $64,500; trial de novo by Defendant.

Deliberation

5 hours (per Defendant) 1 day (per Plaintiff)

Poll

10-2

Length

4 days


#109162

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