Mary Dinsmoor v. Colby Street Medical Group
Published: Oct. 26, 2004 | Result Date: Jul. 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: RG03081756 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Christopher Chen
(medical)
Kimberly Hawthorne
(technical)
Walter Pyka
(medical)
Defendant
Thomas J. Ayres Ph.D.
(technical)
Dean H. Ahlberg
(technical)
Facts
On Nov. 5, 2002, the plaintiff, a 62-year-old self-employed cooking instructor and caterer, was a visitor at the Colby Street Medical Group's medical office in Berkeley. While waiting at a rear entrance, she was hit by a fire door that had been opened by an unknown man. (The man left the scene and was not identified or made a party to the lawsuit.) The plaintiff sued the Colby Street Medical Group and alleged premises liability.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $75,000. The defense made a C.C.P. Section 998 offer of $30,000. The plaintiff, at trial, asked the jury to award her $154,000.
Specials in Evidence
$24,224 $12,600
Injuries
The plaintiff sustained a comminuted, distal radius fracture of her right wrist. The fracture was treated with a percutaneous pinning and physical therapy. Later, however, she claimed that she experienced shortening of her radius as the fracture settled. She alleged that the settling lead to loss of hand strength, numbness and carpal tunnel symptoms.
Deliberation
1.5 hours
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390