This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Fire

Sonja Justin and Anthony Smith v. San Francisco Housing Authority, et. al.

Published: Aug. 29, 1998 | Result Date: Jul. 16, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 988729 Verdict –  $0

Judge

Alfred G. Chiantelli

Court

San Francisco Superior


Attorneys

Plaintiff

John C. Smith Jr.


Defendant

Jennifer M. Blunt

Jacob Burland


Experts

Plaintiff

Robert Teasdale Jr.
(medical)

Robert G. Liptai
(technical)

Scott D. Alber
(technical)

Facts

On Sept. 17, 1996, plaintiff Sonja Justin, a 32-year-old cashier, was allegedly burned in her kitchen when her gas stove exploded. The plaintiffs alleged that these burns were caused as a consequence of the negligence of defendant San Francisco Housing Authority. The plaintiffs alleged that the defendant Housing Authority had knowledge of a gas leak in the stove, failed to respond to requests, for repairs and failed to provide a functioning fire alarm/suppression system in the unit they rented. The plaintiffs, the injured party and her husband, brought this action against the defendants based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $150,000 (plaintiff wife) and $15,000 (plaintiff husband). The defendant made a C.C.P. º998 offer of $15,000 (plaintiff wife) and $5,000 (plaintiff husband).

Specials in Evidence

$700,000 $15,000

Damages

The plaintiff husband claimed loss of consortium.

Injuries

The plaintiff sustained 1st to 3rd degree burns over 40 percent of her body, requiring a four-month hospital stay and physical therapy. She has permanent disability and future medicals are certain. The plaintiffs' expert testified that residuals would be multiple scars from burns and skin grafts, left elbow contracture, permanent right ankle tendinitis, clinical depression and pulmonary defects.

Other Information

The verdict was reached approximately 11 months after the case was filed. A settlement conference was held on April 9, 1998, before Judge Deanman, of San Francisco Superior Court, resulting in no settlement. According to the defendant, the plaintiff's technical expert was discredited. POST TRIAL MOTIONS: The plaintiff's motion for a new trial is pending.

Deliberation

one day

Poll

10-2

Length

six days


#115075

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390