Ann Bernstein, Alan Bernstein v. The Inverness Store, Alan Irish
Published: Feb. 10, 2004 | Result Date: Oct. 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: C020957VRW Verdict – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Bronson
(medical)
George Szabo
(technical)
Defendant
C. Arthur Sciaroni
(medical)
Facts
Ann Bernstein, 64, a homemaker, and her husband, Alan, 66, were on vacation in California from Morristown, N.J. They decided to have lunch in Inverness at The Inverness Store owned by Alan Irish. Ann asked to use the restroom and was directed outside to a port-a-potty. Ann noticed two pieces of plywood placed over mud and puddles as she entered the port-a-potty. As she exited, she slipped and fell, injuring her left leg. The Bernsteins sued The Inverness Store and Irish, alleging premises liability.
Settlement Discussions
The plaintiffs demanded $500,000. The defendants offered $200,000.
Specials in Evidence
$101, 671 $12, 672
Injuries
Ann sustained a compound spiral fracture of her left tibia and fibula. She underwent surgery on several occasions and was placed in an external fixater followed by a cam walker foot brace. Ann also claimed to suffer from a permanent limp and neuroma pain in her left leg. Alan claimed to suffer from loss of consortium.
Result
Jury found defendants to be negligent, but not in causing Ann's injury.
Other Information
Plaintiff's motion for new trial was granted.
Deliberation
4.25 hours
Poll
8-0
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390