Tyjuanna Benson v. Claude Dhubert
Published: Oct. 19, 2004 | Result Date: Aug. 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: MC014343 Arbitration – $2,500
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Stephen P. Grayson
(Stephen P. Grayson, Attorney at Law)
Defendant
Experts
Defendant
Milton E. Ashby
(medical)
Facts
The subject suit arose out of an alleged slip and trip that occurred at the defendant's apartment building located
in Lancaster. The plaintiff contended that she slipped and tripped on a piece of loose and frayed carpet in the
hallway of the apartment unit. The plaintiff argued that she had, on several occasions, reported the condition of
the apartment to the apartment manager.
The defendant and his apartment manager denied ever having any notice of the condition of the carpet or that
the carpet was in any way damaged.
The defendant further contended that the incident did not take place (no witnesses) and that if the trip and fall
did occur, that the plaintiff's claimed injuries were unrelated to the incident and that the majority of the medical
expenses were unrelated, unnecessary and unreasonable.
Settlement Discussions
The plaintiff made a settlement demand of $75,000. The defendant made a C.C.P. Section 998 offer of $2,501.
Specials in Evidence
$60,666 $1,000 None Unknown
Injuries
The plaintiff claimed numerous injuries including soft tissue injuries to her elbow and knees; a herniated disc at L5-S1 that required being hospitalized and undergoing multiple epidural injections and a discogram.
Result
Judgment in favor of the plaintiff in the sum of $5,000, less 50 percent comparative negligence, for a net award of $2,500. The parties to bear their own costs. The arbitration was held before Jack A. Weichman.
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