Mary Mahan v. Fran Barrington
Published: Dec. 13, 1997 | Result Date: Nov. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: GC016846 – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Toffel
(medical)
Paul Toffel
(medical)
Defendant
Michel Babajanian
(medical)
Martin M. Balaban Ph.D.
(technical)
Michel Babajanian
(medical)
Martin M. Balaban Ph.D.
(technical)
Facts
On July 4, 1995, plaintiff Mary Mahan, a 57-year-old athletic director for a local high school, was an invited guest at defendant Fran Barrington's premises for a barbecue party and to watch the fireworks from the Rose Bowl. The plaintiff, a neighbor and friend of defendant, testified that she prepared a plate of food for the party and brought it over to the defendant's house around 7 p.m. The plaintiff used a kitchen sliding glass door to exit the house into the backyard. The plaintiff spent the next two hours in defendant's backyard with other party guests. After two hours, plaintiff decided to thank defendant for the invitation as she was going to leave before the fireworks show. The plaintiff re-entered defendant's house using the kitchen sliding glass door looking for defendant. Not finding defendant there, plaintiff again used the sliding glass door to the backyard to locate defendant. After thanking defendant, plaintiff walked back to the kitchen sliding glass door and ran into it. She claimed to have sustained a nose injury due to the incident. The plaintiff first went to the doctor in September 1997 about 2+ months after the accident. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $40,000, before the arbitration, lowered to $28,000 after the arbitration.
Specials in Evidence
$16,000 $___________ $___________ $___________
Other Information
The verdict was reached approximately one year and five months after the case was filed. An arbitration was held on June 11, 1997, before Louis W. Pappas of Bonne, Bridges, Mueller, O'Keefe & Nichols resulting in a gross award of $40,000, reduced by 30 percent for plaintiff's comparative negligence, for a net of $28,000.
Deliberation
one hour
Poll
11-1
Length
four days
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