Charles T. Duquette v. J.L. Construction Company, et al.
Published: Sep. 20, 1997 | Result Date: Mar. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: 692208 Verdict – $45,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael J. Einbund M.D.
(medical)
Defendant
James E. Schultz
(medical)
Facts
On Sept. 9, 1994, plaintiff Charles T. Duquette, a 62-year-old retiree, was cooking in the kitchen in the defendant's apartment complex, when a 75-pound cabinet fell on his back. The plaintiff claimed the defendant was negligent in failing to properly install or maintain the subject cabinet, or to warn the plaintiff. The plaintiff brought this action against the defendants, the owner and manager of the apartment, based on a negligence theory of recovery. The defendants admitted liability, but contended that the plaintiff sustained only a soft-tissue injury and that the plaintiff's nine-month gap in treatment implied that the plaintiff's complaints were due to a pre-existing condition.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $32,499. The defendants made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$6,000
Injuries
The plaintiff claimed he suffered soft-tissue injury and exacerbation of a pre-existing arthritic condition in his spine.
Other Information
The verdict was reached approximately one year and six months after the case was filed. An arbitration was held before Tracy R. Richmond, resulting in a $41,000 award. The defendant requested a trial de novo.
Deliberation
2 days
Poll
9-3
Length
3 days
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