Rachel Ann Johnson v. Frank Feger
Published: Nov. 14, 1998 | Result Date: Jul. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: 392779 – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Charles H. Horn
(Freeman, Mathis & Gary LLP)
Experts
Plaintiff
Margo Rich Ogus Ph.D.
(technical)
Sandra Schuster
(medical)
James B. Reynolds
(medical)
Defendant
Richard R. Tavernetti
(medical)
Facts
In August 1994, plaintiff, age 16, was an invited guest at the home of defendant landlord's tenant's subtenant. The plaintiff alleged the tenant had told defendant owner that there was some dry rot on the deck and defendant owner said the tenant could do the minor repair work and deduct the cost from his rent. The tenant removed part of the deck, unknown to defendant owner. Plaintiff, the invitee of a 17-year-old subtenant asked if she could smoke in the house (it was a detached single family residence). The 17-year-old, knowing the deck was gone, told plaintiff she could not smoke in the house, but should step out on the deck and that it had a good view. It was a practical joke. The plaintiff claimed she stepped out and fell 14 feet flat on her back, onto a concrete sidewalk, severely injuring her back. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $400,000. The defendant made an offer of $8,315.
Specials in Evidence
$225,034 $88,588
Injuries
The plaintiff suffered a severe back injury, hematoma, hematuria, (claim of fractured vertebrae withdrawn before trial). The plaintiff claimed the need for two future spinal fusions and constant pain since the accident. She further claimed she had trouble sitting for long periods.
Other Information
The verdict was reached approximately three years after the case was filed. An arbitration was held before attorney Daniel Winters, resulting in an award of $8,315 to plaintiff. The plaintiff requested a trial de novo.
Deliberation
2.5 hours
Poll
11-1
Length
nine days
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