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Personal Injury
Premises Liability
Fall

Amir Javahery v. Mehdi Sahebe

Published: Mar. 26, 1998 | Result Date: Jan. 7, 1998 |

Case number: LC032404 Verdict –  $0

Judge

Fred Rimerman

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Timothy E. Meyer


Defendant

Lori D. Levin-Borcover


Facts

On April 30, 1995, plaintiff Amir Javahery, a 42-year-old owner of a furniture upholstery business and restaurant, claimed that he fell and was injured because there was no rail on defendant's deck. The incident occurred in the backyard of defendant's home. Per the defendant, at the time of the incident there was a rail/fence around the pool deck and part way around each end of the pool. Along the back side of the pool, there was a 22-inch ledge with a railing which bisected the ledge, allowing only 14 inches between the pool and the fence. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $350,000, later reduced to $100,000. The defendant made an offer of $1,000 prior to trial.

Specials in Evidence

$6,300 $27,000 $2,000 per month $14,000

Damages

The plaintiff's undocumented medical expenses were alleged to be $6,000 plus $14,000 for future shoulder surgery, lost earnings of $27,000 and future loss of earnings in the amount of $2,000 per month. The plaintiff's attorney asked the jury for $125,000.

Injuries

The plaintiff claimed that he suffered a shoulder injury.

Other Information

The verdict was reached approximately two years after the case was filed.

Deliberation

50 minutes

Poll

12-0

Length

three days


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