Michael William Shapiro v. Rancho Santa Margarita Landscape and Recreation Corporation aka SAMLARC; RMS Arena Soccer Club; and Does 1 through 100
Published: Jun. 13, 2015 | Result Date: May 11, 2015 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00660857-CU-PO-CJC Bench Decision – Defense
Court
Orange Superior
Attorneys
Plaintiff
Rex P. Sofonio
(Sofonio & Associates)
Defendant
Jason A. Kirkpatrick
(Walker & Kirkpatrick)
Experts
Plaintiff
Peter J. Zande
(technical)
F. Kendall Wagner
(medical)
Facts
Plaintiff Michael Shapiro sued defendant Rancho Santa Margarita Landscape and Recreation Corp., in connection with an incident that occurred on an arena soccer field on June 17, 2012. The league was organized by defendant RSM Arena Soccer Club.
The arena flooring consisted of a rubbery material that reacted like concrete, but had the appearance of grass.
Contentions
PLAINTIFF'S CONTENTIONS:
: Plaintiff claimed that while participating in an adult indoor soccer match, he jumped up for the ball landing on his left ankle, which rolled outward because of the flooring's rubbery material. Plaintiff claimed the flooring consisted of dangerous material, and that defendants knew it was unsafe for adult soccer playing.
Plaintiff alleged that defendants were negligent in the ownership, maintenance and supervision of the soccer league and arena where his injuries occurred.
DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff's injuries were not caused by any conduct attributable to defendants. Defendants claimed plaintiff's injuries were the result of player-on-player contact. Defendants claimed that while playing aggressively on the field, plaintiff collided with another player, during which plaintiff received a red card and was ejected from the game. Defendants argued that plaintiff had no evidence to establish that his injuries were the result of any defective condition on the field.
Settlement Discussions
Plaintiff demanded $1 million in settlement at a Mandatory Settlement Conference. Defendants made a CCP 998 Offer for $3,501.
Injuries
Plaintiff alleged that due to the incident, he suffered from ankle injuries as well as an 11ML herniation to his L5-S1 disc and pinched sciatic nerve, which required surgery. Plaintiff alleged significant damages because of his injuries.
Result
The court granted defendants' motion for nonsuit after plaintiff's presented his case-in-chief.
Other Information
FILING DATE: July 3, 2013.
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