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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

David Roh v. Corporate Property Investors, et al.

Published: Nov. 11, 1995 | Result Date: Aug. 18, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 721317 –  $34,000

Judge

Gary P. Ryan

Court

Orange Superior


Attorneys

Plaintiff

Brian P. Trela


Defendant

Jonathon J. Herzog
(Weston Herzog LLP)

Shirley A. Fagan


Experts

Plaintiff

Joseph Tabet
(medical)

Defendant

James McGrath
(technical)

Facts

Plaintiff David Roh, a 35-year-old physical therapist was walking through the parking lot at the Brea Mall (under the management of Defendant Corporate Property Investors). He was accompanied by his wife and a friend when he walked near a giant blue dumpster. Plaintiff tripped on a door protruding from under the dumpster. Plaintiff allegedly did not see the protruding door as he walked next to the dumpster.

Settlement Discussions

Defendant C&J contends it offered $500. Offers by Defendant Corporate Property Investors and demands by Plaintiff were not disclosed.

Specials in Evidence

$7,861 $5,621

Injuries

Fractured right knee requiring arthroscopic surgery.

Other Information

This case was filed on November 30, 1993; one year, eight months, and nineteen days prior to this result. A prior arbitration by Suzanne Charest resulted in a Plaintiff's award in the amount of $32,000; trial de novo by Plaintiff and Defendant Corporate Property Investors. This case was filed on November 30, 1993; one year, eight months and eighteen days prior to this result.

Deliberation

4 hours

Poll

10-2 liability as to Corp. Prop. Inv., 9-3 no liability as to C&J Clark America

Length

5 days


#113755

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