Facts

Cathy Ramirez filed a lawsuit against Lori Peng as guardian ad litem for Dominic Ramirez in relation to an incident that took place on the property where they lived.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on April 25, 2010, Dominic was playing with a piece of metal rebar that jutted from the property where he and his family resided. Plaintiff claimed that after thrusting the rebar downward, it came back up and hit Dominic in the face. As a result, plaintiff asserted that defendant should have appropriately fixed the condition by taking the rebar off of the property. Further, plaintiff argued that Dominic's father had objected to the presence of the rebar on many occasions, but defendant failed to respond.

DEFENDANT'S CONTENTIONS:
Defendant asserted that she did not know about the rebar and that she was never informed about it. In addition, she noted that Dominic's father had made other changes to the property, but did not take out the rebar, and that defendant had supported other repairs, which were more arduous. Defendant also argued that the claimed sinusitis injury could not have been caused by the incident.

Settlement Discussions

Plaintiff demanded $800,000 and the defense offered $18,000 under CCP Section 998.

Damages

Plaintiff sought $250,000.

Injuries

Dominic suffered a fractured orbit and sinus, and was scarred on his face.

Result

The jury's verdict granted $3,500 for Dominic, finding that Peng was 52 percent liable, Dominic's father was 40 percent liable, and Dominic himself was eight percent liable. As such, Dominic was to receive $1,820. Cathy entered into a stipulated judgment for $0 with Peng.

Other Information

FILING DATE: April 23, 2012.

Deliberation

2.5 hours

Poll

11-1

Length

five days