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
Court
Orange Superior
Attorneys
Plaintiff
Defendant
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
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