Kakar v. Vineyard Apartments
Published: Nov. 15, 2001 | Result Date: Oct. 3, 2001 | Filing Date: Jan. 1, 1900 |Case number: PC024911 Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Roy Wayne McClean
(Law Offices of Wayne McClean)
Defendant
Experts
Plaintiff
Brad P. Avrit P.E.
(technical)
Defendant
Bruce S. Gillis
(medical)
John Merck
(technical)
Facts
On Feb. 9, 1999, the plaintiff, was at home in his apartment. While standing on a chair, the plaintiff reached into
an area of his closet containing an HVAC unit. He came into contact with exposed and uncovered wires, which
caused him to fall to the floor.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand of $450,000. The defendant offered $30,000.
Damages
The plaintiff contended that the HVAC unit was easily accessible; it did not bear any warnings and that it contained hidden, exposed and uncovered electrical wires, which gave the plaintiff an electric shock and caused him to fall onto the floor. The plaintiff contended that the HVAC was a dangerous condition. The defendant contended that the plaintiff did not experience any electrical shock from the low voltage wiring, the HVAC unit was not a dangerous condition and that the plaintiff himself had removed wire nuts from the electrical wires he then video taped.
Deliberation
two hours
Length
eight days
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