Christine Hall v. Radisson Plaza Hotel, et al.
Published: Jul. 19, 1997 | Result Date: May 13, 1997 | Filing Date: Jan. 1, 1900 |Case number: 543903 Verdict – $2,150,730
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Facts
On Nov. 4, 1993, plaintiff Christine Hall, a 35-year-old attorney, arrived at the Radisson Plaza Hotel in Manhattan Beach and checked into the hotel. She walked over the general area of the floor without incident. The defendant claimed that the following day, she walked across the floor approximately three times without problem. The plaintiff claimed that at 8 a.m. on Nov. 5, 1993, she fell on a common area marble floor in the defendant hotel between the front entrance and the hotel reservations/check-in desk. The defendant claimed the plaintiff did not step in anything that caused her fall and did not observe any debris, foreign substance or water on the floor. Defendants W.W. Grainger Inc., Ball Industries Inc. and The Butcher Company supply a product known as Terra-Cote sealer/finish, which was applied to the marble floor. The finish was applied by maintenance personnel at the Radisson Plaza Hotel & Golf Course. The plaintiff brought this action against the defendant hotel based on premises liability and negligent maintenance theories of recovery. The plaintiff brought this action against W.W. Grainger Inc., Ball Industries Inc. and The Butcher Company on a products liability (failure to warn) theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand to the hotel defendants for $750,000 and a C.C.P. º998 settlement demand to the manufacturing defendants for $250,000. The hotel defendants made a C.C.P. º998 offer of compromise for $25,000. The manufacturing defendants made a settlement offer of $5,000. (During trial, the manufacturing defendants offered to waive costs in return for a dismissal.)
Injuries
The plaintiff claimed she suffered a herniated L5-S1 disc as a result of the fall. She subsequently underwent a discectomy and fusion at the L5-S1 level in November 1994 (one year after the accident). The fusion failed, and the plaintiff underwent a second operation to have placement of titanium screws at the L5-S1 level. After the second surgery, the plaintiff claimed to have chronic low back pain, requiring placement of a spine stimulator.
Other Information
EXPERT TESTIMONY: The defense medical experts testified that the plaintiff had symptoms of a disk herniation at L5-S1 two days before the fall, as per her medical records. Both defendants introduced co-efficient of friction testimony through two separate experts, who testified that based upon their findings the floor was unquestionably safe on the day of the plaintiff's fall.
Deliberation
7 hours
Poll
11-1
Length
13 days
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