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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Dorothy Tully v. Lynn's Industrial Catering Inc.

Published: Mar. 9, 1996 | Result Date: Feb. 7, 1996 | Filing Date: Jan. 1, 1900 |

Case number: YC019036 –  $0

Judge

Jean E. Matusinka

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Philip M. Daigneault


Defendant

Donald V. Smiley


Experts

Plaintiff

John O. Swift
(medical)

Facts

On June 15, 1993, the plaintiff, Dorothy Tully, a 70-year-old wholesale meat salesperson, accompanied a fellow employee to serve a summons on a sublease of the defendant, Lynn's Industrial Catering, Inc. The plaintiff was wearing three inch heels at the time of the incident. The plaintiff allegedly fell on her fourth trip across the parking lot area but did not notify the defendant of her fall on the date that the incident occurred. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $15,000. The defendant made a $1,500 settlement offer prior to trial.

Specials in Evidence

$985

Injuries

The plaintiff alleged that she sustained a greenstick fracture of her right foot with continued daily pain and swelling which resulted in the early onset of arthritis due to the accident.

Other Information

The verdict was reached approximately two years after the case was filed. An arbitration was held on March 9, 1995, before Richard W. Lyman, Jr. resulting in a $20,569 award for the plaintiff. The defendant requested a trial do novo.

Deliberation

1 hour

Poll

12-0

Length

2 days


#109330

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