Sandy McFall, Cristine McFall v. The Grupe Company
Published: Oct. 9, 1993 | Result Date: Sep. 17, 1993 | Filing Date: Jan. 1, 1900 |Case number: 521675 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bernard Gabrielson
(technical)
Pasquale X. Montesano
(medical)
Richard I. Woods
(medical)
William R. Neuman
(technical)
William R. Neuman
(technical)
Robert G. Liptai
(technical)
Defendant
Grant Caywood
(technical)
Facts
Plaintiff Sandy McFall, 47-year-old district manager for the Sacramento Union Newspaper, was delivering papers on July 17, 1990 at Birdcage Village Apartments owned and managed by Defendants. The Apartments were built in 1976 under the 1973 Uniform Building Code and purchased by Defendants in 1983. On July 17, 1990, at 1:30 a.m., Plaintiff was starting to descend poured concrete steps (eight risers) with wrought iron guardrail and handrail. He slipped, was unable to grab handrail, and fell down several steps.
Settlement Discussions
Defendant contends they offered $25,000 and Plaintiff demanded the arbitration award of $126,709.
Specials in Evidence
$16,000 $62,000 $57-281,000 $50-100,000
Injuries
Multiple herniations requiring hemilaminectomy L4 and discectomies L3-4 and L4-5. Doctors recommended future fusions at L3-4 and L4-5.
Other Information
A prior arbitration resulted in a Plaintiff's award of $146,709 to Plaintiff and intervenor; trial de novo by Defendant. Plaintiff intervention claimed worker's compensation lien of approximately $70,000.
Deliberation
2 days
Poll
10-2
Length
10 days
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