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Personal Injury
Premises Liability
Trip and Fall

Eliot Fisher v. Margaret Reich, Wendy Miller, Susan Ashla

Published: May 24, 2005 | Result Date: Mar. 4, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 2002043285 Verdict –  $0

Judge

William A. McKinstry

Court

Alameda Superior


Attorneys

Plaintiff

Martin S. Putnam


Defendant

James F. Mahoney


Experts

Plaintiff

Thomas D. Schmitz
(medical)

Defendant

John R. Batcheller
(medical)

Facts

Eliot Fisher, a 51-year-old wholesaler of after-market products in the automobile industry, fell when a step broke on the outside wooden stairway of his apartment building. The step had extensive dry rot damage. Fisher sued his landlords, Margaret Reich, Wendy Miller and Susan Ashla for premises liability.

Settlement Discussions

The plaintiff demanded $150,000. No offer from the defendants in view of the demand.

Specials in Evidence

$2,300 $221,400

Damages

Past and future pain and suffering.

Injuries

The plaintiff claimed injuries consisting of a lower back disc herniation at L5-S1. He also suffered injuries to his right leg and knee.

Result

Defense

Other Information

The plaintiff rejected an arbitration award of over $20,000. The defense costs bill after trial was $8,250.

Deliberation

1.5 hours

Poll

10-2

Length

five days


#116499

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