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Personal Injury
Premises Liability
Fallen Object

Daniel Robinson v. Joseph Lucido

Published: Feb. 28, 1998 | Result Date: Nov. 17, 1997 | Filing Date: Jan. 1, 1900 |

Case number: MC004678 Verdict –  $0

Judge

Ricardo A. Torres

Court

L.A. Superior Central


Attorneys

Plaintiff

Alan J. Schultz


Defendant

Nancy M. Garber


Experts

Plaintiff

R. Douglas Collins
(medical)

Defendant

Jan Shepherd
(technical)

Jennifer L. Polhemus
(technical)

H. Ronald Fisk M.D., Ph.D.
(medical)

Facts

Plaintiff Daniel Robinson, a 27-year-old maintenance supervisor, was a tenant in defendant's single family residence for more than one year. Plaintiff claimed that at least two Spanish roof tiles from an archway fell, striking plaintiff on the head. Plaintiff alleged he was knocked unconscious. Plaintiff contended that defendant was negligent. The defendant contended it was not negligent and also contended that the accident never happened. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $80,000 at the mandatory settlement conference and $20,000 just before trial. Defendant made an offer of $10,000.

Specials in Evidence

$50,000 $100,000 $200,000 (claimed lifetime disability) $150,000

Injuries

Plaintiff claimed epilepsy and disc injury requiring monthly lumbar epidurals. Plaintiff also claimed disc herniation at L4-5 and L5-S1, bilateral pars interarticularsis and spondylisthesis.

Other Information

ARBITRATION: An arbitration was held resulting in a finding for the defense.

Deliberation

one hour

Poll

12-0

Length

five days


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