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
Trip and Fall

Terry Karr, Dawn Karr v. James Althoff, Agnes Althoff, Revocable Living Trust, as general partner of Prestige Investments dba Los Gatos Motor Inn

Published: May 17, 2005 | Result Date: Feb. 16, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 100CV793319 Verdict –  $0

Judge

Socrates P. Manoukian

Court

Santa Clara Superior


Attorneys

Plaintiff

John H. Aspelin

David E. Malnick


Defendant

Roger J. Brothers
(Brothers Smith LLP)

Wilma J. Gray
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)


Experts

Plaintiff

Lawrence Miller M.D.
(medical)

Irene Bell-Keenan
(technical)

Defendant

Howard J. Friedman Ph.D.
(medical)

Dean Nickles
(medical)

Facts

Plaintiff Terry Karr, a 52-year-old pastor, claimed he tripped on an edge of the non-skid mat adhered to the bathtub at the Los Gatos Motor Inn. He fell backwards and injured his left shoulder, neck and back.

Settlement Discussions

The plaintiff made a demand of $2 million; the defendants' offer was $25,001.

Damages

The plaintiff claimed past lost wages in the amount of $155,530 and $317,927 in future loss of earnings. The plaintiff's wife sought $50,000 to $100,000 for loss of consortium.

Injuries

The plaintiff claimed he suffered injuries to his left shoulder, neck and back. He had two shoulder surgeries. He continues to be treated for lumbar and cervical spine complaints and pain management. He claimed $124,096 in past medical expenses and $893,333 for future treatments.

Result

The jury found in favor of defendants.

Deliberation

three hours

Poll

12-0

Length

12 days


#116459

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

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