Edward La Croix, Jr. v. Finmo, Inc. dba Roto Rooter Sewer Service and Manuel Catania
Published: Mar. 9, 1996 | Result Date: Jan. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: 71816 – $0
Court
Napa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David La Rochelle
(medical)
Defendant
Stanley L. Kampner
(medical)
Facts
On April 24, 1994, the plaintiff, Edward La Croix, Jr., a 40-year-old farmer, stepped on top of the cover to a septic tank located on his neighbor's, the defendant Manuel Catania's, property. The cover to the septic tank gave way and the plaintiff's right leg went into the tank. Four months before the incident, the defendant, Roto Rooter Sewer Service ("Roto Rooter"), had removed and reinstalled the septic tank's cover while clearing a drain line. The plaintiff brought this action against the defendant owner of the premises, Manuel Catania, and the defendant, Roto Rooter, based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $25,000 to defendant Roto Rooter. The plaintiff made a C.C.P. º998 settlement demand for $25,000 to defendant, Manuel Catania. The defendant, Roto Rotter, made no settlement offer. The defendant, Manuel Catania, offered $25,000.
Specials in Evidence
$5,100 $70,000 $27,000
Damages
The plaintiff claimed that he lost his leased farm, lifestyle and past and future income as a result of the accident.
Injuries
The plaintiff alleged that he sustained a muscle compartment syndrome in his right calf and a severely sprained right wrist (both requiring future surgery) as a result of the accident. The plaintiff also alleged that he may need additional surgery on his leg and wrist and that he suffered from continuing pain and loss of strength in his wrist.
Other Information
The verdict was reached approximately eleven months after the case was filed. A mediation was held on December 20, 1995 before Judge William Fernandez, retired, which failed to resolve this action. However, the defendant, Manuel Catania (property owner), settled on the first day of trial for $25,000. A motion for a new trial was not brought by the plaintiff.
Deliberation
2 hours
Poll
9-3
Length
5 days
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