Richard Campione v. Beverly Plaza Hotel, Cava
Published: Nov. 12, 2002 | Result Date: Sep. 4, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC258813 Verdict – $350,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Gregory B. Byberg
(The Law Office of Gregory B. Byberg)
Defendant
Experts
Plaintiff
Marvin Pictruszka
(medical)
Thomas Gunzler
(technical)
Defendant
Robert M. Wilson M.D.
(medical)
Peter J. Zande
(technical)
Facts
On Oct. 30, 2000, the plaintiff, a 65-year-old male, visited California from his home in New Jersey, and stayed
at the defendant hotel in Los Angeles. There is a first floor restaurant at the hotel, Cava. In 1993, the hotel
leased the space to Cava and a walkway connects the restaurant to the hotel lobby. The floor of the hotel is one
inch higher than the floor of the restaurant because ceramic tiles were installed in the lobby. There is a wooden
threshold ramp where the restaurant floor and the lobby floor join at the door, with a one-inch vertical and a
two-inch horizontal rise. The plaintiff left the restaurant to return to the hotel lobby when he tripped on the
threshold and fell to the lobby floor.
Settlement Discussions
The plaintiff demanded $350,000 before trial and $400,000 during trial. The defendant served a C.C.P. Section 998 offer of $10,000 prior to the completion of the liability phase.
Specials in Evidence
$50,000 $280,000
Other Information
The defendant was found negligent with the plaintiff 40 percent comparative negligence.
Deliberation
five hours (liability), nine hours (damages)
Poll
10-2 (liability), 10-2 (damages)
Length
nine days
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