Robin McGuire v. Barrett Ltd.
Published: Aug. 26, 2003 | Result Date: Dec. 5, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV141798 Verdict – $481,987
Judge
Court
Santa Cruz Superior
Attorneys
Plaintiff
Brian J. O'Grady
(Gazzera O'Grady & Stevens)
Defendant
Experts
Plaintiff
Richard S. Mendelsohn
(medical)
Thomas J. Ayres Ph.D.
(technical)
Dean H. Ahlberg
(technical)
Defendant
Gordon L. Levin M.D.
(medical)
Richard Walter
(technical)
Facts
The plaintiff, a 49-year-old computer specialist, tripped and fell on a walkway at the Rancho Del Mar Shopping Center in Aptos. She fell in an area where the sidewalk abuts the parking lot.
Settlement Discussions
The plaintiff demanded $190,000; the defendant offered $25,000.
Specials in Evidence
$56,312 $7,675
Injuries
The plaintiff sustained a trimalleolar fracture of the right ankle and fracture of the fifth metatarsal of the left foot. She underwent open reduction and internal fixation. She has ongoing pain and weakness in the right ankle. Defense expert opined that the right ankle was fully healed and that any ongoing symptomatology should completely resolve itself.
Result
The jury found the plaintiff 40 percent negligent, this reducing the verdict from $481,987 to $289,192.
Other Information
The defendant filed a motion for a new trial based upon the same issues as the motion for a directed verdict together with an added contention that the court erroneously admitted evidence of other trip and falls claims occurring in the parking lot and walkways of the shopping center. The motion was denied. The plaintiff was awarded costs of $4,592.
Deliberation
six hours
Length
five days
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