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Personal Injury
Premises Liability
Dangerous Condition

Kelly Ann Francis Fitzpatrick v. Beverly Lund, individually and as trustee of the Jurkiewicz 1991 Revocable Trust, and as trustee of the Jurkiewicz Family Trust, and Icek Jurkiewicz, individually and as trustee of the Jurkiewicz 1991 Revocable Trust, and as trustee of the Jurkiewicz Family Trust, and Does 1 through 20

Published: Jun. 6, 2015 | Result Date: Feb. 17, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC 13 530198 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas A. Paoli
(Paoli & Geerhart LLP)


Defendant

Frances H. Yoshimura
(Law Offices of John A. Biard)


Experts

Plaintiff

Nick Falus
(technical)

Defendant

David M. Atkin M.D.
(medical)

James Cantrell
(technical)

Stephen Price
(technical)

Frank A. Perez Ph.D.
(technical)

Facts

Plaintiff Kelly Ann Francis Fitzpatrick filed suit against her landlords defendants Beverly Lund and Icek Jurkiewicz.

Contentions

PLAINTIFF'S CONTENTIONS:
: On April 1, 2011, Kelly Ann Francis Fitzpatrick fell and was injured while using the back stairs of the building where she resided. She sued Beverly Lund and Icek Jurkiewicz alleging they negligently owned, maintained, managed and operated the premises.

DEFENDANTS' CONTENTIONS:
Defendants denied liability and asserted various affirmative defenses.

Result

The jury returned a defense verdict, finding that Lund and Jurkiewicz were not negligent.


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