Facts

On March 24, 2004, plaintiff Anna Luevano, a 37-year-old administrative assistant walked to her car which was parked at defendant's garage. The plaintiff took the elevator to the floor where her car was parked and began exiting the elevator. The plaintiff claimed that as she was exiting, the elevator dropped 12 inches causing her to fall on her hands, knees and stomach. The plaintiff was eight months pregnant. Jesus Luevano, Anna Luevano's husband claimed loss of consortium.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that her stomach collapsed and hemorrhaged as a result. She claimed the fall caused her bilateral carpal tunnel, cervical disc herniation and lumbar disc herniation.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff's stomach did not collapse or hemorrhage. The responding paramedic testified that there was no involvement with the plaintiff's stomach in the incident. The paramedic testified that plaintiff's only complaints were to her elbow and knee. The defendant also contended that the elevator in question was safe and that it took reasonable steps in maintaining the elevator.

Specials in Evidence

$12,000; $20,000; $200,000;

Result

Defense verdict. Shindler Elevator settled with plaintiff prior to trial. Trial proceeded as to property owner L&R Auto Park Inc. dba Joes Auto Park only.

Other Information

On Dec. 20, 2006, a private mediation was held before William Sheffield of Judicate West. No settlement was reached. On July 26, 2007, a settlement conference was held before Judge Jane Johnson. No settlement was reached. On Nov. 2, 2007, the plaintiff's motion to strike/tax costs was denied. The plaintiff did not move for new trial or JNOV. No appeal was filed. The defendant was awarded costs. FILING DATE: March 16, 2006.

Deliberation

two hours

Poll

11-1 (no negligence)

Length

six days