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Personal Injury
Premises Liability
Negligent Maintenance

Steve Cheng v. Arthur Jann

Published: Jan. 31, 2009 | Result Date: Oct. 29, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC08-472880 Settlement –  $1,000,000

Court

San Francisco Superior


Attorneys

Plaintiff

Jeffrey D. Janoff


Defendant

Mary K. Glaspy


Experts

Plaintiff

Robert McClellan
(medical)

Facts

On Nov. 14, 2007, pieces of a building's facade fell, hitting plaintiff Steve Cheng, a 48-year-old mail carrier for the U.S. Postal Service, on the head and back as he walked down Taraval Street in San Francisco. The plaintiff sued defendant Arthur Jann, the building's owner, for negligent maintenance.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant saw the cracking and crumbling facade a week before the accident, but took no action. A city inspector closed a business located in the building immediately after the accident until work was completed, citing a dangerous condition.

DEFENDANT'S CONTENTIONS:
The defendant admitted visiting the site a week before and noticing the need for repairs but contended he was in the process of getting an estimate when the accident took place.

Specials in Evidence

$113,156 in medical bills and approximately $33,948 if plaintiff had hired a nurse. $78,756.04

Damages

The plaintiff sought damages for medical expenses, lost wages, plus pain and suffering.

Injuries

The plaintiff suffered multiple injuries, including skull, cervical, and neck fracture, kyphosis, subarachnoid hemorrhage, thoracic strain, and physical therapy.

Result

The parties settled for $1 million prior to trial.


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