Brian MacLean, Pacific Bell Telephone Company v. Grand Central Cafe
Published: Feb. 10, 2004 | Result Date: Dec. 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC805875 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark H. Perlman
(medical)
Defendant
Fred M. Johnson
(technical)
Facts
The plaintiff, Brian MacLean, a Pacific Bell employee claimed that the ladder on which he was working slipped as a result of the alleged negligent actions of the defendant, Grand Central Cafe, a California Corporation. The plaintiff claimed that his ladder slipped because the floor of the defendant restaurant had recently been mopped. The plaintiff alleged that the defendant either should have made the premises safe for his use and should have warned the plaintiff that the floor had recently been mopped. The defendant denied that a dangerous condition existed on its premises. The plaintiff claimed bilateral foot fractures as a result of the incident. The plaintiff-in-intervention, settled with the defendant in advance of trial.
Settlement Discussions
The plaintiff demanded $20,000. The defendant offered $1,150 C.C.P. Section 998.
Specials in Evidence
$10, 138 $29,552 $19,263
Injuries
The plaintiff claimed bilateral foot fractures as a result of the incident. The plaintiff's expert stated that the plaintiff would probably require future surgery due to a neuroma the plaintiff developed in one of his toes.
Result
The court granted the defendant's motion for nonsuit following the plaintiff's case on the grounds that the plaintiff failed to demonstrate a dangerous condition existed on the premises and that the defendant had a duty to warn the plaintiff.
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