This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Negligent Repair and Maintenance

Blanche Smith v. Nazareth Enterprises Inc., Nazareth Square LLC

Published: Feb. 27, 2016 | Result Date: Oct. 16, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV527832 Verdict –  Defense

Court

San Mateo Superior


Attorneys

Plaintiff

Robert W. Thompson
(Thompson Law Offices PC)

James H. Thompson Jr.


Defendant

Frances H. Yoshimura
(Law Offices of John A. Biard)

Jessica P. Lamiero


Facts

On Sept. 20, 2013, Blanche Smith, in her 80s, tripped and fell while descending the stairwell in an underground parking garage. She sued defendants, the owners of the building, for negligent repair and/or maintenance.

Contentions

PLAINTIFF'S CONTENTIONS:
Smith contended that defendants did not properly maintain the parking garage, creating a dangerous condition.

DEFENDANTS' CONTENTIONS:
Defendants contended that the property was in safe condition and that they were not negligent. They claimed that Smith had vision problems and difficulty with depth perception.

Settlement Discussions

Smith made a demand for $850,000 and the defense offered $50,000.

Damages

Smith sought $1.2 million for attendant care as well as recovery for medical expenses, and past and future pain and suffering.

Injuries

Smith claimed injuries to her legs, wrist, mouth and face.

Result

The jury found that defendants were not negligent, and rendered a defense verdict.


#122671

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390