Cygridh Rooney, Michael Rooney v. Lee Revocable Trust, Stenson Pacific Elevator Company
Published: May 5, 2012 | Result Date: Jun. 9, 2011 | Filing Date: Jan. 1, 1900 |Case number: CGC-10-496090 Settlement – $1,300,000
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Kasey C. Townsend
(Murchison & Cumming LLP)
Gerald K. Carroll
(Burnham Brown)
Kenneth I. Litton
(Burnham Brown)
Heidi C. Quan
(Murchison & Cumming LLP)
Facts
Cygridh Rooney went to her husband's leased office in an industrial warehouse building at 787 Brannan Street in San Francisco on Nov. 20, 2009, to help him move items to the basement. After opening first floor elevator's gate, Ronney fell 18 feet to the pit of the shaft below.
Contentions
PLAINTIFFS' CONTENTIONS:
Rooney and her husband filed suit against the Lee Revocable Trust, the building's owner, and Stenson Pacific Elevator Co., the elevator's maintenance company, alleging negligence. The Rooneys alleged that the defendants negligently maintained a dangerous condition regarding a defect in the elevator gate's interlocking device, and that Lee had notice of the condition. The Rooneys contended that Lee had a duty to maintain the elevator and had notice of the danger. They also claimed that Stenson should have replaced the defect during their years of maintenance.
DEFENDANTS' CONTENTIONS:
The defense denied the allegations, contending the gate's interlock was not faulty or defective. They alleged that Rooney manually bypassed the interlock to allow the gate to open without the car present. The defendants contended that Rooney was comparatively at fault and should have noticed no car was in the shaft when entering.
Damages
Rooney sought $155,659 in past medical damages, as well as $350,000 in future medical expenses, and pain and suffering damages.
Injuries
Rooney sustained left public rami fractures and a burst laceration to her forehead.
Result
The parties reached a settlement for $1.3 million.
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