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Personal Injury
Premises Liability
Trip and Fall

Jane Doe v. Roe Premises

Published: Jun. 26, 2010 | Result Date: Mar. 1, 2010 | Filing Date: Jan. 1, 1900 |

Verdict –  $276,000

Court

Ventura Superior


Attorneys

Plaintiff

Andrew C. Bryman
(Bryman & Apelian)


Defendant

James W. Colfer


Experts

Plaintiff

Harvey Cohen
(technical)

Jacob E. Tauber M.D.
(medical)

Defendant

Ronald E. Glousman
(medical)

Facts

On Aug. 17, 2007, plaintiff, age 28, was injured when she stepped into a pothole in defendant's parking lot.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant improperly maintained and inspected the parking lot.

DEFENDANT'S CONTENTIONS:
Defendant contended that the hole was open and obvious and plaintiff was comparatively negligent because she was stepping backwards at the time.

Settlement Discussions

Pre-trial, the defense offered $125,000.

Specials in Evidence

$91,771 $48,000 $267,250

Injuries

Plaintiff sustained injuries to her left knee, requiring two surgeries. Plaintiff had undergone four prior surgeries to her left knee and was recovering from the last one at the time of the incident.

Result

The case settled post-verdict. Plaintiff received $194,000 net, after the jury found that plaintiff was 30 percent negligent.

Other Information

The plaintiff recovered costs of approximately $18,000. PLEASE PROVIDE THE VERDICT DATE: ____________

Poll

12-0 (liability), 9-3 (damages)


#119872

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