Randall E. Evans v. Episcopal Community Services
Published: Mar. 25, 2006 | Result Date: Aug. 23, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC03422066 – $25,735
Judge
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joseph Ayala
(medical)
Richard A. Nolan
(medical)
William Tomkowitz
(medical)
Defendant
John J. Lavorgna
(medical)
Facts
In 2002, Randall Evans, a 47-year-old painter, was attending a heroin addiction program at Next Door, a shelter in San Francisco. Evans slipped and fell in the shelter's kitchen and sued the shelter's owner, Episcopal Community Services for premises liability. Evans claimed that a stove leaking grease onto the floor caused his injury. The defense contended that Evans' fall was the result of his own negligence as he was mopping the kitchen floor. The defense further contended that the plaintiff's shoulder injury did not result from the slip and fall. The defense presented evidence of two prior injuries to support this contention.
Settlement Discussions
The plaintiff demanded $120,000 and the defendant's offer was for $10,000 in medical fees that were already paid.
Specials in Evidence
$23,235 The plaintiff claimed he would require future surgery on his shoulder that would cost $15,000
Damages
The plaintiff also requested damages for pain and suffering.
Injuries
The plaintiff claimed he suffered from soft tissue injuries, as well as a concussion which required him to remain at the hospital for five days. The plaintiff further claimed that he suffered from back and neck pain and had limited motion in his right arm that interfered with his daily activities.
Result
$25,735
Other Information
The plaintiff originally also sought lost wages by producing a letter through his prior counsel who was not the trial counsel purportedly from his employer, stating that he received $60,000 as his annual salary. The letter was later determined to have been forged. As a result, the plaintiff decided not to pursue a claim for lost wages. Subject to motion to reduce to $15,735 for $10,000 medical already paid by the defendant.
Deliberation
two hours
Poll
10-2
Length
six days
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