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
Failure to Warn

John Pope v. Rose A. Balistreri

Published: Jun. 15, 2013 | Result Date: Jan. 25, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CGC-11-513561 Verdict –  $52,192

Court

San Francisco Superior


Attorneys

Plaintiff

Michael W. Spalding


Defendant

David W. Chen


Experts

Plaintiff

Tim A. Ledean
(medical)

Defendant

John O. Missirian
(medical)

Facts

John Pope, a window installer, was installing a window at a property owned by Rose Balisteri when he stepped on a balcony that subsequently collapsed, causing him to fall 15 feet. He suffered injuries as a result thereof and sued Balisteri for premises liability. Balisteri ultimately stipulated that there were five rotten cantilever beams, but otherwise denied knowledge of the dangerous condition.

Damages

Pope sought $15,202 in medical costs; $10,262 for missed work; and $1,511 for reimbursement of costs associated with treatment. The parties established a $250,000/$29,000 high/low agreement.

Injuries

Pope had a torn meniscus in his left knee and continued to suffer from chronic back and neck pain, as well as pain in his knee.

Result

The jury found that Balisteri negligently maintained the balcony and that Pope was not negligent. The jury awarded Pope $52,192 in damages, including $26,192 in special damages and $26,000 in pain and suffering.


#123560

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

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