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
Trip and Fall

Donna Brown v. J.F. Shea Co., Inc., et al.

Published: May 11, 1996 | Result Date: Feb. 6, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 734136 –  $0

Judge

Robert E. Thomas

Court

Orange Superior


Attorneys

Plaintiff

Richard Mark Masin


Defendant

Curtis D. Parvin


Experts

Plaintiff

Charles E. Turnbow
(technical)

Robert K. Phillips
(Phillips, Spallas & Angstadt LLP) (medical)

Sylvain Palmer M.D.
(medical)

Defendant

Michael P. Weinstein M.D.
(medical)

John Edward Muse
(technical)

Facts

On September 13, 1993, the plaintiff, Donna Brown, a 47-year-old hair stylist, visited a friendÆs apartment in an
apartment complex owned and managed by the defendant, J.F. Shea Co., Inc. While attempting to leave the apartment, the plaintiff tripped and fell as she stepped down a single step stoop leading from the apartment to a walkway. 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 $225,000 with indications of $200,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $5,000, which was increased to $60,000 at the start of trial, with indications of up to $100,000.

Specials in Evidence

$39,571 $40,000 in excess of $100,000 $10,000 - $15,000

Damages

The plaintiff claimed an unspecified amount of damages exceeding $100,000 for loss of business and inability to return to work full time.

Injuries

The plaintiff alleged that she sustained a herniated disc at L5-S1 requiring a laminotomy (and a possible second fusion surgery) and continuing back pain, numbness and shooting pains into leg as a result of the accident.

Other Information

The verdict was reached approximately one year and six months after the case was filed. An arbitration was held on August 18, 1995, before Peter C. Tornay (O.C.S.C. panel) resulting in a plaintiff's award of $250,000. The defendant requested a trial de novo. The plaintiff's motion for new trial was denied. The defendant was awarded costs of $7,382.

Deliberation

2 hours

Poll

9-3

Length

6 days


#109424

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

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