Confidential
Settlement – $240,000Judge
Attorneys
Plaintiff
Defendant
Arthur W. Curley
(Bradley Curley Asiano Barrabee Abel & Kowalski)
Facts
Charles Cytanovich, 7, attended a football game at Candlestick Park in San Francisco. After the game, Charles and his father took an escalator to exit the stadium. Charles' right foot made contact with the side panel. The contact created friction between his foot and the side panel, causing an increase in the gap between the side panel and the moving stair. Charles' tennis shoe was drawn into the gap as the escalator continued downward. His shoe was sucked into the machine. His toes were crushed and one was amputated as a result of the accident. Upon hearing Charles scream, his father reacted by pulling Charles out of the escalator. The sneaker and severed toe were left behind. Charles, through his guardian ad litem and father, sued the city and county of San Francisco, DeBartolo Co., Youngstown, Ohio, and Kone Elevator Inc., Moline, Ill., alleging premises liability and negligent maintenance. The San Francisco 49ers were included in the complaint after it was filed as a doe defendant.
Settlement Discussions
The plaintiff demanded $399,000; the defendants offered nothing.
Specials in Evidence
$17,000
Damages
The plaintiff's father suffered damages for emotional distress as a result of witnessing the accident.
Injuries
Amputation of a toe, degloving of a second toe on his right foot.
Result
Settlement: $240,000
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