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Personal Injury
Premises Liability
Slip and Fall

Adrienne Fuzee v. Cigna Corporation

Published: Feb. 14, 1998 | Result Date: Aug. 21, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 7620241 Verdict –  $10,250

Judge

Bonnie L. Sabraw

Court

Alameda Superior


Attorneys

Plaintiff

Joseph M. Breall
(Breall & Breall LLP)


Defendant

Norman C. Laforce
(Law Offices of Norman La Force)


Experts

Plaintiff

Doe Chan
(medical)

Defendant

George Szabo
(technical)

Ray L. Lagomarsino
(technical)

Richard White
(medical)

Facts

On Jan. 20, 1995, at 6:30 p.m., plaintiff Adrienne Fuzee, a 45-year-old legal support worker, was at the Civic Center Plaza in Oakland. As she approached the top of an escalator in the plaza, she slipped and fell on debris and struck her face on the floor. Defendant Cigna Corp., the property owner, contracted with a maintenance company to clean the escalator from 7:00 a.m. to 4:00 p.m. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $40,000. The defendant made an offer of compromise for $10,000 prior to trial. Per defendant, plaintiff lowered her demand to $13,000 and increased it on the day of trial to $20,000. On the day of trial, defendant offered to settle for an amount between $10,000 and $13,000, but plaintiff rejected the offer.

Specials in Evidence

$5,500 $0

Injuries

The plaintiff claimed to suffer damage to her teeth requiring bridge work and severe periodontal disease resulting in loose teeth, which required major dental work. Defendant contended plaintiff would have had the dental work anyway due to her periodontal disease.

Other Information

ARBITRATION: An arbitration was held resulting in a plaintiff's award of $20,000. The defendant requested a trial de novo. The verdict was reached approximately one year and six months after the case was filed.

Deliberation

three hours

Poll

10-2

Length

four days


#125684

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