Pete Macen v. KBG Co., et al
Published: Sep. 28, 1996 | Result Date: Feb. 28, 1996 | Filing Date: Jan. 1, 1900 |Case number: GC012333 – $110,000
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Werner R. Meissner
(Meissner Law Firm PC)
Werner R. Meissner
(Meissner Law Firm PC)
Defendant
Experts
Plaintiff
Dan Shepman
(technical)
Robert H. Ghatan
(medical)
Carl Sheriff
(technical)
Dan Shepman
(technical)
Robert H. Ghatan
(medical)
Carl Sheriff
(technical)
Defendant
Louis R. Vasquez
(medical)
Louis R. Vasquez
(medical)
Michael Von Haenel
(technical)
Facts
On May 8, 1993, plaintiff Pete Macen, a 46-year-old man on disability for diabetes, returned to his home at approximately 11 p.m. After parking in the carport, the plaintiff was walking around the front of his apartment complex and got his foot caught on a sprinkler head. Although the sprinkler was level with the adjacent sidewalk, the plaintiff claimed it was essentially "protruding" from the ground due to a allegedly bowl 3 to 4 inches deep that had been created around the sprinkler head presumably from continous cutting with a weedwacker and other improper landscaping techniques. The defendants claimed the bowl, if any, was only 1"deep. The plaintiff brought this action against KBG Co., the owners and landlord management company, and the managers, based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made an initial C.C.P. º998 settlement demand for $75,000 and later made a reduced C.C.P. º998 demand of $25,000 and then a written offer of $20,000 prior to trial. The defendants made an initial settlement offer of $5,000 at the first MSC, which was reduced to a waiver of costs in writing prior to trial.
Specials in Evidence
$25,000 $5,000
Injuries
The plaintiff alleged he sustained a fractured left hip requiring open reduction and internal fixation surgery, post operative physical therapy.
Other Information
The verdict was reached approximately one year and ten months after the case was filed. An arbitration was held on March 27, 1995 before Charles O'Reilly resulting in an award of $71,589. The defendants requested a trial de novo. The first trial (the arbitration??) ended in a mistrial which the defendants claimed was caused by the plaintiff.
Deliberation
3 hours
Poll
11-1
Length
6 days
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