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Personal Injury
Premises Liability
Slip and Fall

June Hicks v. Gary Grahm, Newhall Terrace, et al.

Published: Jan. 19, 2005 | Result Date: Nov. 17, 2004 | Filing Date: Jan. 1, 1900 |

Case number: PC031958 Bench Decision –  $0

Judge

Barbara M. Scheper

Court

L.A. Superior


Attorneys

Plaintiff

John L. Moriarity


Defendant

Sandee L. Chadwick

William A. Soroky

Diane Goldman
(Law Office of Diane Goldman)


Experts

Plaintiff

John Larsen
(medical)

Defendant

Kenneth A. Solomon
(technical)

Facts

The plaintiff, age 81, claimed that she slipped and fell on Feb. 7, 2003 at an apartment house owned by the defendants. The plaintiff claimed that she tripped over a concrete tire stop in the guest back parking lot of the building due to poor lighting. The plaintiff was a long time resident of the premises.

Settlement Discussions

The plaintiff made an initial C.C.P. Section 998 demand of $2999,999.99. This was followed just prior to trial by a C.C.P. Section 998 demand of $59,999.99. The defendants made a C.C.P. Section 998 offer of $5,000 which was not accepted.

Specials in Evidence

in excess of $10,000 in excess of $15,000

Injuries

Fractured left elbow and hip replacement surgery that occurred two years after the subject accident. The plaintiff contended that the hip replacement surgery was caused partially by the subject accident. This was refuted by her own medical expert at trial.

Other Information

The plaintiff added the Doe defendants six months prior to trial. These defendants were other residents of the apartment building. The court granted summary judgment in their favor, finding that there was no duty owed to these plaintiffs by these residents.


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