This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

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

Susan Hernandez v. Tremont Apartments

Published: May 4, 1996 | Result Date: Mar. 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: NC008290 –  $0

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Gregory Silver


Defendant

Troy C. Lee Jr.


Experts

Plaintiff

Alan D. Russakov
(medical)

Cheryl Stoltz
(medical)

Taryn Johnson
(technical)

Defendant

Myron Koch
(medical)

Roderick D. Stroud
(technical)

Sinclair Buckstaff
(technical)

Facts

On December 15, 1990, the plaintiff, Susan Hernandez, a 36-year-old grocery store checker, was descending the stairs at the defendant, Tremont Apartments, when she slipped and fell on a step that allegedly violated the Uniform Building Code ("UBC"). The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $250,000. The defendant made a settlment offer for $15,000 at the mandatory settlement conference.

Specials in Evidence

$12,000 $16,720 $10,000

Injuries

The plaintiff alleged that she sustained soft tissue injuries to her back, neck and shoulders requiring chiropractic care and physical therapy and her treating doctor recommended that she participate in a pain management program as a result of the accident.

Other Information

The verdict was reached approximately four years and four months after the case was filed. An arbitration was held on August 20, 1993 before Harry Shafer resulting in an award of $30,000 for the plaintiff. The plaintiff filed a request for a trial de novo.

Deliberation

+ day

Poll

9-3 (no negligence)

Length

4+ days


#109396

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390