Allan Weisshar, Marcy Weisshar v. Realty World Selzer Property Management
Published: Jun. 6, 2015 | Result Date: Mar. 18, 2015 | Filing Date: Jan. 1, 1900 |Case number: SCUK CVPO 14-63416 Settlement – $2,300,000
Court
Mendocino Superior
Attorneys
Plaintiff
Eric M. Abramson
(Abramson Smith Waldsmith LLP)
Defendant
Timothy J. Nisson
(Nisson, Pincin & Hill)
Facts
Allan Weisshar and Marcy Weisshar sued Realty World Selzer Property Management, related to a slip and fall incident.
Contentions
PLAINTIFFS' CONTENTIONS:
The Weisshars rented a house from defendant in Ukiah. On Jan. 13, 2013, Allan slipped and fell in the driveway of the rented house and sustained injuries. As such, the Wisshars sued defendant for premises liability. Plaintiffs alleged that Allan slipped on "black ice" created by a run-off from the premises' water sprinkling system. Plaintiffs alleged that defendant set up the sprinkling system automatically, but they were neither informed of it nor taught how to turn off the system.
DEFENDANT'S CONTENTIONS:
Defendant contended that the system had been turned off prior to the couple renting the house.
Damages
Allan sought $442,904 in past medical expenses and $1,104,000 in lost earnings. Plaintiff's wife, Marcy Wisshar, sought damages for her loss of consortium.
Injuries
Allan claimed he suffered a contusion to his brain and spine, requiring eight weeks of hospital stay for neurological care. He claimed he continued to experience issues with executive function as well as difficulty controlling his bladder.
Result
The parties reached a $2.3 million mediated settlement.
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