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Personal Injury
Dangerous Condition of Public Property
Trip and Fall

Stephanie Morris v. Russell Delong; Marin Municipal Water District; Town of San Anselmo

Published: Mar. 28, 1998 | Result Date: Mar. 16, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 169394 –  $0

Judge

Lynn O. Taylor

Court

Marin Superior


Attorneys

Plaintiff

Kirk B. Freeman


Defendant

Robert M. Menchini
(Foley & Mansfield PLLP)

Michael A. King
(Office of the Sonoma County Counsel)

Beverly K. Wood


Experts

Plaintiff

Robert Teasdale Jr.
(medical)

Defendant

Laurence R. Schechter
(medical)

Facts

On Jan 27, 1996, plaintiff Stephanie Morris, a 45-year-old bakery-counter worker, allegedly tripped on a cracked and broken sidewalk in the Town of San Anselmo and fell. At the area where plaintiff claimed she fell, defendant Marin Municipal Water District had a meter box and easement. The area of sidewalk was in front of defendant Russell DeLong/Ventana-85's Laundromat. The plaintiff brought this action against the defendants based on a dangerous condition of public property and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendants made a joint C.C.P. º998 offer of compromise for $20,000, with an indication that a little more could be obtained if the plaintiff came close. Plaintiff's final demand was $50,000.

Specials in Evidence

approximately $20,000 (past and future) approximately $3,000 (past and future)

Injuries

The plaintiff claimed she suffered knee and hip contusions; and bilateral ankle sprains which commenced a degenerative process in her left ankle (the more severely sprained ankle). Plaintiff's medical expert, Dr. Teasdale, stated that plaintiff required surgery to stop the degenerative process in plaintiff's left ankle. The surgery contemplated was a ligament reconstruction on the left.

Other Information

The verdict was reached approximately one year and three months after the case was filed. SETTLEMENT CONFERENCE: Two settlement conferences were held in October 1997 and February 1998 resulting in no settlement. MEDIATION: A mediation was held on July 11, 1997, before Matthew White of the Law Offices of Matthew White resulting in no settlement.

Deliberation

seven hours

Poll

9-3

Length

eight days


#116002

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