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
Negligence

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

William C. Pate

Court

San Diego Superior


Attorneys

Plaintiff

Stefan M. Cohn


Defendant

Mark D. Sayre

Frank A. Alfonso


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.


#124511

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

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