Denis Carroll, Kevin Carroll v. Joan Lorraine Lee Andel
Published: Dec. 23, 2003 | Result Date: Jul. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: 418215 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Aaron C. Hancock
(Bishop Barry)
Defendant
Experts
Plaintiff
James Buckley
(medical)
David Pusateri
(medical)
Mark Frohlich
(medical)
Defendant
Richard T. Mason
(medical)
Facts
In January 2001, the plaintiff's decedent, John Carroll, 83, and defendant Joan Andel, were leaving morning mass at Immaculate Heart of Mary in Belmont. They became involved in an altercation that was triggered by an exchange about a parking spot dispute that had occurred prior to mass. During the altercation in the vestibule, contact was made between Carroll and the defendant which caused Carroll to fall down and fracture his right hip. There was a dispute as to how the incident occurred and there were no eyewitnesses. After the incident, Carroll was hospitalized for the fractured hip and was subsequently released. He was later readmitted to the hospital weeks prior to his death in May. The death certificate listed the immediate cause of death as pneumonia and carcinoma of prostate with "other significant condition contributing to death as fractured right hip." Carroll's adult sons, Denis Carroll and Kevin Carroll, sued Andel, seeking damages for medical treatment costs and wrongful death.
Settlement Discussions
The plaintiffs made a demand of $300,000. The defendant made an offer of $100,000.
Damages
The plaintiffs claimed damages for the initial injuries, wrongful death of their father and emotional distress.
Deliberation
four hours
Length
10 days
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