Wendy Kirkpatrick v. Paul Z. Stamas; Rick Enos; Alicia Enos, et al.
Published: Apr. 4, 1998 | Result Date: Nov. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: SCV4575 Verdict – $0
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan R. Tempkin
(medical)
Defendant
Stephen F. Knox
(medical)
Facts
On July 31, 1995, plaintiff Wendy Kirkpatrick, a 25-year-old student, accompanied defendants Rick and Alicia Enos to a rental property. The plaintiff agreed to go into the attic at night, and took her own flashlight as she went. To the plaintiff, the entire attic appeared to be covered with flooring materials. In fact, the landing was uncovered. The plaintiff stepped on sheetrock, slipped and fell through the ceiling to the garage floor. Defendant Stamas was the title holder of the property, and defendants Rick and Alicia Enos were the beneficial owners of the property. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $75,000 to each of the defendants. The defendants made a C.C.P. º998 offer of compromise for $7,500.
Injuries
The plaintiff suffered bilateral Colles fractures of her wrists with a permanent residual injury, a closed head injury and post-traumatic headaches.
Other Information
The verdict was reached approximately one year and six months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Sept. 29, 1997. It did not resolve the matter.
Deliberation
six hours
Poll
9-3 (negligence), 12-0 (liability)
Length
three weeks, (per plaintiff, seven days)
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