Dorothy Sickels; Ronald Sickels, et al. v. Leisure Village Association, Inc., et al.
Published: Mar. 30, 1996 | Result Date: Mar. 4, 1996 | Filing Date: Jan. 1, 1900 |Case number: 152632 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
R. Chris Kroes
(McCarthy & Kroes)
Experts
Plaintiff
Mark S. Sanders Ph.D.
(technical)
Curtis P. Stiles
(technical)
John G. Perry
(technical)
Defendant
Lawrence Borelli
(medical)
Jerry Markota
(technical)
Basil Honikman
(technical)
Facts
On September 10, 1994, the decedent, Howard Sickels, a 75-year-old retired railroad engineer, was a resident of the defendant's, Leisure Village Association, Inc.'s ("Leisure Village"), Leisure Village in Camarillo. The decedent allegedly tripped and fell over a backyard sprinkler riser at Leisure Village and broke his hip. The decedent subsequently died at the hospital allegedly as a result of complications of the surgery. The plaintiffs, Dorothy Sickels, Ronald Sickels, Dottie Blum and Jacki Lunderville, the wife and adult children, respectively, of the decedent, brought this action against the defendants, Leisure Village and Jackie Annes (the owner of the subject condominium), based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $100,000 for each defendant (per the defendants) and $100,000 total (per the plaintiffs). The defendants made a C.C.P. º998 offer of compromise for $10,000.
Specials in Evidence
$_______ $__________
Damages
The plaintiffs alleged loss of future earnings as well as loss of love, comfort, society and household services and companionship. The plaintiffs also claimed $3,429 for funeral expenses.
Injuries
Death (husband and father).
Result
The plaintiffs bringing a motion for new trial based upon alleged misconduct of the jury and the defense attorney.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Deliberation
7+ hours
Poll
10-2 (for negligence) 9-3 (no causation)
Length
8 days (per the defendants); 4 days (per
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