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Personal Injury (Non-Vehicular)
Premises Liability
Fallen Object

Deborah Long v. Far West Concepts, Inc.

Published: Aug. 10, 1996 | Result Date: Jun. 21, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 788882 –  $49,000

Judge

Robert A. Knox

Court

Orange Superior


Attorneys

Plaintiff

Manuel H. Miller

Randall S. Shiffman
(Randall Shiffman Law Corporation)


Defendant

John E. Campion III


Experts

Plaintiff

Stuart Silverman
(medical)

Richard H. Anderson
(technical)

Defendant

Robert I. Pfeffer
(medical)

Facts

On Nov. 25, 1993, the plaintiff, Deborah Long, a 39-year-old certified nurses aid, was a customer in defendant Far West Concepts Inc.'s restaurant. She was sitting in the restaurant when a large wooden partition tipped off a stage a struck her in the head. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $400,000. The defendant made a settlement offer of $35,000.

Specials in Evidence

$7,978 $39,273 $260,000 $30,000

Injuries

The plaintiff alleged she suffered fibromyalgia and cervical and lumbar sprains and has not worked in the two and one-half years since the accident.

Other Information

The verdict was reached approximately one year and seven months after the case was filed. An arbitration was held on July 3, 1995, before Cheryl L. Hackett, resulting in an award of $33,000 in favor of the plaintiff. The plaintiff requested a trial de novo.

Deliberation

3+ hours (per defendant); 1 day (per plaintiff)

Poll

12-0

Length

4 days


#122701

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