Facts

On May 1, 2005, plaintiff Elaine Condon, a 62-year-old retiree, slipped and fell in a hallway at St. Anthony's church. An hour prior, a toilet had overflowed in an adjacent bathroom. Plaintiff sued defendant the Roman Catholic Bishop of Oakland claiming premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that her fall was caused by the floor's slippery condition due to the overflowing toilet. Plaintiff contended defendant was responsible because it had negligently maintained the premises. Plaintiff also contended that the church was aware of a 20-year history of toilets overflowing into the hallway resulting in a slip hazard.

DEFENDANT'S CONTENTIONS:
Defendant contended the water was at the opposite end of the hallway where plaintiff claimed she fell. Defendant also contended that the spill was cleaned up approximately 25 minutes before plaintiff even entered the hallway. Defendant further noted the warm weather of the day in question and that the water on the floor quickly evaporated. Paramedics did not see any water on the floor when they arrived. The defense argued the cleaning job was reasonable and that therefore they was no negligence.

Defendant further contended that plaintiff had a history of falling and balance problems. Plaintiff was scheduled for a total left knee replacement three days after the accident due to severe arthritis and pseudo-laxity.

Settlement Discussions

Plaintiff made a CCP section 998 demand of $698,000. Defendant made a CCP section 998 offer of $51,000.

Specials in Evidence

$362,000, approximately $62,000 were paid by Medi-Cal.

Damages

Plaintiff claimed unspecified damages for pain and suffering.

Injuries

Plaintiff claimed to have suffered a fractured left hip which necessitated three surgeries. A total hip replacement was necessary.

Result

Defense verdict.

Deliberation

three hours

Poll

10-2

Length

eight days