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
Slip and Fall

Ora McCoy v. Bank of America

Published: Dec. 16, 2003 | Result Date: Jul. 22, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 2001026462 Verdict –  $0

Judge

Yolanda N. Northridge

Court

Alameda Superior


Attorneys

Plaintiff

John C. Casey


Defendant

R. Manuel Fortes


Experts

Plaintiff

Paul Lipscomb
(medical)

Defendant

Thomas C. Christensen
(technical)

William P. Schechter
(medical)

Mark A. Cohen
(technical)

Facts

Ora McCoy, an 80-year-old real estate broker, walked through the lobby of the San Leandro main branch of Bank of America. She claimed that she slipped and fell on water that had been tracked in from the morning's rain. McCoy sued Charlotte, NC-based Bank of America alleging premises liability. Bank of America contended that there was no water or moisture on the floor, and that McCoy fell because her shoe was worn. Witnesses testified that they saw no water or moisture on the floor where McCoy fell.

Settlement Discussions

The plaintiff demanded $90,000; the defendant offered $1,500.

Specials in Evidence

$24,000 $22,000

Injuries

McCoy suffered a comminuted fracture of her right forearm.

Result

Defense

Other Information

According to the plaintiff: The defense expert testified that Bank of America rainy day policy is to lay out umbrella baskets and carpet runners, on the day of the accident, neither were placed in bank.

Deliberation

one day

Length

four days


#123022

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

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