Linda Elson v. Geer’s Towing Inc.
Published: Dec. 24, 2011 | Result Date: Feb. 16, 2011 | Filing Date: Jan. 1, 1900 |Case number: 30-2010 00359777 Settlement – $337,500
Court
Orange Superior
Attorneys
Plaintiff
Defendant
James M. Baratta
(Grant, Genovese & Baratta LLP)
Jeffrey P. Magwood
(Grant, Genovese & Baratta LLP)
Facts
On Sept. 4, 2008, plaintiff Elson fell while getting into defendant Geer's Towing Inc.'s tow truck. She fell backwards while attempting to get into the cab as directed by the tow truck driver.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the driver failed to assist her and that there were no handles or other items to allow her to properly pull herself into the cab.
Settlement Discussions
At mediation, plaintiff demanded $975,000.
Specials in Evidence
$215,628
Injuries
Plaintiff sustained a displaced transverse fracture of the right humerus and shattered ball (head) of the humerus in the fall. She underwent three surgeries to complete the repair of the fracture. She claimed continuing pain and has limited use of her right arm.
Result
The case settled for $337,500.
Other Information
FILING DATE: April 5, 2010.
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