Robert Harris v. The Oaks Shopping Center and Sand Sculptors International
Published: Dec. 6, 1997 | Result Date: Jul. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: CIV155701 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
John M. Coleman
(Coleman & Associates Lawyers)
Experts
Plaintiff
Irving Sherman
(technical)
John R. Brownlee
(medical)
Defendant
Phillip J. Kanter
(medical)
Facts
On Feb. 4, 1995, plaintiff Robert Harris, a 49-year-old customer service clerk, was working for California Customer Service, the operator of the customer service booth at The Oaks Shopping Center, a mall located in Thousand Oaks. On that day, Todd Vander Pluym, dba Sand Sculptors International, was creating a 25-foot sand sculpture in a courtyardi n the mall. The sculpture was located 25 feet from the customer service booth and was surrounded by a sandbox and chain stanchions. Sand sculptures typically shift and settle during the early stages of creation. The plaintiff observed the sculpture shifting and erroneously thought the sculpture would collapse like an avalanche and fall into the adjacent mall walkway. The sculpture never collapsed and could not have collapsed because of the structural characteristics of densely packed sand. The plaintiff falsely thought mall shoppers were in imminent danger from the settling sand sculpture. In his effort to notify shoppers, the plaintiff vaulted over the 3-foot high customer service booth and ran to inform them of the sculpture's movements. The door of the booth was located immediately adjacent to the area where plaintiff allegedly vaulted over the booth. Although a co-worker was working with plaintiff in the booth at the time, no witness confirmed plaintiff ever vaulted over the booth. After alerting the shoppers, the plaintiff walked back to the booth. The plaintiff subsequently drove himself to a hospital and returned to work the next day. The plaintiff continued working for the next three months. The plaintiff brought this action against defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $225,000. The defendant made an offer of $5,000 plus $55,959.29 lien on workers' compensation benefits.
Specials in Evidence
$24,910.29 $30,000
Damages
The plaintiff claimed specials plus $100,000 general damages.
Injuries
The plaintiff allegedly suffered a herniated disc at C4-5, right shoulder nerve injury and lower back strain.
Other Information
The verdict was reached approximately two years and two months after the case was filed. An arbitration was held on March 14, 1996, before Andy Viets, Esq., resulting in an award of $4,392. The plaintiff requested a trial de novo.
Deliberation
four hours
Poll
12-0
Length
five days
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