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Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Joan Monteith v. Manor Healthcare Corporation, et al.

Published: Apr. 4, 1998 | Result Date: Oct. 29, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 086722 Verdict –  $6,700

Judge

Arthur S. Block

Court

Riverside Superior


Attorneys

Plaintiff

Wendell Faille

Joseph Morgan


Defendant

John Patrick Petrullo
(Petrullo, APC)


Experts

Plaintiff

Brian Goldfine
(medical)

Defendant

Edward J. O'Neill
(medical)

Facts

On Dec. 31, 1996, plaintiff was visiting her dying husband at defendant nursing home, when she was struck by a large storage cart which was being pushed by an orderly through the halls. The plaintiff alleged that the orderly left her bleeding on the floor and none of the nursing staff would assist her. The plaintiff drove herself to the hospital for treatment of a foot wound. Two days later, the wound on her left foot became infected. The plaintiff was an end stage diabetic and she required emergency hospitalization to control the infection and her diabetic condition. Over the next year, plaintiff was hospitalized several times for worsening circulatory problems in her lower extremities, out of control diabetes and required amputation. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

Per defendant, plaintiff demanded $135,000 and defendant made no offers.

Specials in Evidence

$368,500

Injuries

The plaintiff suffered an open wound on her left foot which she contended developed into a runaway infection and, eventually, amputation.

Other Information

The verdict was reached approximately one year and 10 months after the case was filed. ARBITRATION: An arbitration was held on June 1, 1997, before JAMS resulting in an award of $135,000 to plaintiff. The defendant requested a trial de novo.

Deliberation

five hours

Poll

10-2 (liability); 12-0 (causation)

Length

six days


#125950

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