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Personal Injury
Premises Liability
Slip and Fall

Jesus Lopez, et al. v. Thomas Caverly, et al.

Published: Sep. 12, 1998 | Result Date: Apr. 17, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 781086 Verdict –  $4,680

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Jose Urcis


Defendant

Charles A. Kittrell


Facts

On June 30, 1996, plaintiff Jesus Lopez, a 52-year-old laundry maid, was walking with her daughter, plaintiff Judy Marin, age 10, on the sidewalk in front of defendant Thomas Caverly's 10-unit apartment complex in Santa Ana. She slipped and fell on water and mud in front of the premises on the public sidewalk, fracturing her ankle. The plaintiffs brought this action against the defendants based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $37,500. The defendant made no offer.

Specials in Evidence

$6,800 $2,960

Injuries

The plaintiff alleged a compound fracture of the right ankle requiring open reduction and internal fixation by orthopedic surgeon Paul Beck, M.D. She claims three months loss of earnings as a laundry maid at Hilton Hotel earning $5.55 per hour.

Other Information

The verdict was reached approximately one year after the case was filed. A non-binding arbitration was held in April 1998 before Douglas Campbell resulting in an award of $37,500 with plaintiff being assigned 50% fault.

Poll

9-3 (negligence), 10-2 (damages)

Length

three days


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