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Personal Injury
Premises Liability
Fallen Object

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

Anthony C. Joseph

Court

San Diego Superior


Attorneys

Plaintiff

Kim P. Gage


Defendant

Steven R. Borer


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


#109904

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