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Kaul v. Kaul

Jan. 22, 2000

Personal Injury (Non-Vehicular)
Premises Liability
Ladder Accident

Kaul v. Kaul

Published: Jan. 22, 2000 | Result Date: Nov. 2, 1999 | Filing Date: Jan. 1, 1900 |

Case number: SC022459 Bench Decision –  $0

Judge

Thomas J. Hutchins

Court

Ventura Superior


Attorneys

Plaintiff

Robert C. Schubert
(Schubert, Jonckheer & Kolbe LLP)


Defendant

Benjamin C. Alvarez

Deborah A. Levine


Facts

Plaintiff, age 65, was assisting his son, the defendant, in painting the trim on defendant's house. The plaintiff and defendant placed the ladder on the roof of the garage in order to reach the soffit and eaves. The ladder was secured with sandbags. On Dec. 28, 1997, the son took a day off but plaintiff decided to stay home and paint. He inspected the ladder and sandbags and found both to be safe. After painting for 20 minutes, the ladder slipped without warning and plaintiff fell off the roof onto the driveway.

Settlement Discussions

The plaintiff demanded $125,000. The defendant made no offer.

Injuries

The plaintiff sustained the broken right leg requiring surgery.

Other Information

An arbitration was held before Gregory Kaapuni resulting in $50,000 to plaintiff. The plaintiff decided not to appeal summary judgment to maintain inter-family harmony.


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