Ann Muskal v. Intercontinental Hotels and Resort Corporation; The Lurie Company; City and County of San Francisco
Published: Mar. 14, 1998 | Result Date: Feb. 9, 1998 | Filing Date: Jan. 1, 1900 |Case number: 979591 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dale H. Feitz
(technical)
Gilbert Kucera
(medical)
Serena Hu
(medical)
Facts
On April 6, 1996, plaintiff Ann Muskal, a 53-year-old educator, slipped and fell on a metal plate while walking down the steep Mason Street sidewalk between California and Pine Streets adjacent to the Mark Hopkins Hotel. The plate was a 12-inch round, metal cover to an abandoned fuel oil tank owned by the hotel in the sidewalk near where plaintiff fell. Plaintiff testified that she broke her ankle when she slipped on this tank cover. There was a stairway adjacent to fall site which plaintiff did not use. The plaintiff brought this action against the defendant based on a negligence theory of recovery, and against The Lurie Company based on negligence per se.
Settlement Discussions
Plaintiff's lowest settlement demand was $150,000. The defendant's highest offer of compromise was $65,000.
Specials in Evidence
$18,000 $16,000
Damages
Plaintiff attorney asked the jury to award $444,000. Defendant's attorney asked the jury to award zero or to find 75 percent contributory negligence.
Injuries
The plaintiff suffered a compound trimalleolar ankle fracture which required surgical repair and hardware. Plaintiff continues to experience pain, scarring and discomfort although most of the hardware was surgically removed in 1997.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. Per defendant, although initially split 8-4 after several hours of deliberation, nine jurors concluded that plaintiff may not have slipped on the tank cover, the hotel exercised ordinary care in inspecting for hazards, and no defendant had any notice of a possible hazard from this tank cover. The trial judge, while allowing defendants to testify that there had never been a prior incident on the Mason Street side, precluded plaintiff from offering testimony that within 18 months of this incident, an individual slipped and fell on a metal plate on the California Street side under comparable circumstances. The plaintiff intends to appeal.
Deliberation
three hours
Poll
9-3
Length
six days
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