Pamela Lynn Downing v. Montalvo Associates, Inc.
Published: Mar. 21, 1998 | Result Date: Dec. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV748399 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John J. Lettice
(medical)
Bruce I. Lehrman
(medical)
John J. Lettice
(medical)
Bruce I. Lehrman
(medical)
Defendant
Robert F. Mazzetti
(medical)
Robert F. Mazzetti
(medical)
David A. Thompson
(JAMS)
(technical)
David A. Thompson
(JAMS)
(technical)
Facts
On April 1, 1994, plaintiff Pamela Downing, a 44-year-old unemployed woman, was walking along a path at defendant Montalvo Associate Inc.'s premises in Saratoga. The plaintiff walked onto an irrigation control valve box cover which allegedly extended into the path and fell through the boards. The plaintiff brought this action against defendant based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $149,000. The defendant made no settlement offer. Per plaintiff, defendant offered $10,000.
Specials in Evidence
$35,000 $318,000 $56,000 per year $50,000
Damages
The plaintiff claimed $5.9 million in damages.
Injuries
The plaintiff alleged she sustained primary injuries to her cervical spine and right ankle/foot. The plaintiff's doctors testified that plaintiff's failed prior cervical fusion became symptomatic as a result of the incident. The plaintiff claimed that a further cervical fusion might be necessary, or that she would have to continue with steroid injections. Plaintiff claimed to have a partial tear of the posterior tibial tendon, which was 80 percent to 90 percent of normal after surgery.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. ARBITRATION: An arbitration was held in August 1996 before William J. McLean of Palo Alto resulting in an award of $190,000 to plaintiff.
Deliberation
three hours
Poll
9-3
Length
eight days (Trial Jury)
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