Confidential
Settlement – $825,000Court
San Mateo Superior
Attorneys
Plaintiff
Barry K. Tagawa
(The Law Office of Barry K. Tagawa)
Defendant
Experts
Plaintiff
Robert G. Abrams
(technical)
Thomas C. Thomas
(technical)
Claudia Byrd
(technical)
Arati Dunbar
(medical)
Marc R. Safran
(medical)
Floyd Fortuin
(medical)
Defendant
Alan Donelson
(technical)
Rick N. Robertson
(technical)
Alan Garmeson
(technical)
James Hiuson
(technical)
Facts
Joanna Golts, 33, went to visit a tenant at Skyline Terrace Apartments in Burlingame. She tripped and fell at the entrance. Joanna claimed that two employees of Thomas Transfer and Storage Co., Kevin Grant and Fred Osterlund, were moving another tenant out of the apartment complex at the time. She further asserted that the employees had propped the door open with brick and placed a mat over the brick. Joanna and her husband, Edmunds, brought a premises liability suit against Thomas Transfer and Storage Co. Inc.; Grant; Osterlund; the property owner, Simba Group; and the property manager, Woodmont Real Estate Services Inc. The Goltses contended that the defendants negligently used, maintained or managed the premises. The defendants claimed that Joanna was comparatively at fault, assumed the risk and failed to mitigate damages. They further argued that, under C.C.P. Section 1431.2(a), each defendant was liable for non-economic damages only in proportion to its percentage of fault.
Settlement Discussions
The Goltses demanded $1.8 million.
Specials in Evidence
$101,625 (Joanna); $4,305 (Edmunds) $131,566 (Joanna was employed by United Airlines) $398,361 to $1.2 million
Injuries
Joanna underwent two arthroscopies on her right shoulder and arthroscopic surgery for a meniscus tear of her left knee. The defendants denied that Joanna injured her knee in the fall, but conceded that her shoulder injury was caused by the fall. They also claimed that the shoulder injury would heal. The Goltses asserted that the shoulder injury was not yet resolved and that Joanna would have permanent residual injury.
Other Information
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