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
Negligent Maintenance

Vickie Ravizee Lucas v. Alpine Terrace

Published: Nov. 1, 2001 | Result Date: Jun. 14, 2001 | Filing Date: Jan. 1, 1900 |

Case number: GIE002560 Verdict –  $0

Judge

Patricia Yim Cowett

Court

San Diego Superior


Attorneys

Plaintiff

Alfred Greene


Defendant

Michael C. Rogers
(Rogers Smith APC)


Experts

Plaintiff

Charles E. Turnbow
(technical)

Defendant

Peter J. Zande
(technical)

John F. Perry
(technical)

Facts

The plaintiff alleged as a result of a broken handrail that she fell down a flight of stairs at an apartment complex
in Alpine. The plaintiff contended that the railing broke as she was walking down the stairs and that the railing
was rusted and in a weakened condition.
The defendant contended that the plaintiff simply misstepped and lost her balance and
that the plaintiff's version of the fall was inconsistent with eye-witness testimony and her own
description to emergency room personnel. Furthermore, her account of the fall was
biomechanically impossible.

Settlement Discussions

The defendant's C.C.P. Section 998 offer of $25,000 was rejected.

Injuries

The plaintiff suffered a fractured right ankle requiring two surgeries which, caused her to miss three months from work.

Other Information

The plaintiff's motion for judgment notwithstanding the verdict and motion for new trial were denied. The defendant was awarded costs in the amount of $22,556 pursuant to C.C.P. Section 998. David Van Til, of JAMS Endispute was the court appointed mediator.

Length

four days


#110094

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

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