Charles Schembri v. Clarion Hotel, et al.
Published: Oct. 28, 1995 | Result Date: Sep. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: C942392WHO – $31,200
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Love
(technical)
John Barrett
(technical)
Patrick Herz
(medical)
Sally Swanson
(technical)
Allen Rubens
(technical)
John V. Page
(technical)
William C. Torch
(medical)
Defendant
Kim Blackseth
(technical)
Kerwin Lee
(technical)
Richard F. Gravina
(medical)
William K. Hoddick M.D.
(medical)
Facts
On July 25, 1993, Plaintiff Charles Schembri, a 32-year-old man disabled from infantile spinal muscle atrophy, was a guest in Defendant Clarion Hotel. Plaintiff fell from Defendant's toilet when he allegedly rested his hand on a nearby towel rack; the towel rack broke, causing Plaintiff to lose his balance and fall to the floor. Since Plaintiff's spinal muscle atrophy affected the use of his arms, he could not break his fall.
Settlement Discussions
Defendant contends it offered $25,000 before trial; increased to $125,000; and Plaintiff demanded $4,000,000 reduced to $1,000,000 before trial.
Specials in Evidence
$22,900 $100,000 yearly $1,000,000 to $2,000,000 $1,600,000
Damages
Plaintiff sought treble damages and attorney fees in accordance with the civil rights violation provision of the ADA and the Unruh Civil Rights Act.
Injuries
Plaintiff claimed whiplash superimposed on unstable cervical spine; severe and debilitating pain with any and all movements, jarring, or attempted motions of the neck, shoulders, and upper limbs; and frequent, recurring blackout spells requiring part-time lifetime attendant care one year physical therapy.
Result
Plaintiff's spouse Karen Schembri was found negligent, but not a cause of the accident.
Other Information
This case was filed on July 7, 1994; one year, two months, and twelve days prior to this result.
Deliberation
2 days
Poll
unanimous
Length
10 days
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