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Personal Injury
Premises Liability
Failure to Warn

Betty Jo Blaser Perkins v. Pierpont USA LLC

Published: Nov. 2, 2013 | Result Date: Aug. 30, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 56-2011-00406759-CU-PO-VTA Bench Decision –  $344,718

Court

Ventura Superior


Attorneys

Plaintiff

Bruce A. Finck
(Benton Orr Duval & Buckingham)


Facts

On Dec. 2, 2009, Betty Perkins went to dinner at Pierpont Inn in Ventura, where she had been staying as a guest. She had to take a detour route to the restaurant because the building was under construction. She then tripped and fell while walking the outdoor route, and fractured her left arm as a result. Perkins sued Pierpont USA LLC for failing to adequately warn of the dangerous condition. Peirpont defaulted on answer.

Damages

Perkins sought $44,000 in past medical costs and an unspecified amount for damages for her pain and suffering.

Injuries

Perkins sustained a fracture to her left, non-dominant arm. She was taken by ambulance to the emergency room where she underwent open reduction and internal fixation on her arm. She followed up with months of physical therapy. Although her fracture healed, she continued to suffer from residual issues, including the inability to fully lift her left arm. Moreover, she was restricted in her daily activities, including the ability to get dressed and reaching for items.

Result

The trial court awarded Perkins a lump sum of $344,718 in total damages.


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