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Personal Injury
Premises Liability
Trip and Fall

Case I.D. Confidential

Published: Dec. 25, 2008 | Result Date: Dec. 9, 2008 |

Case number: SC091918 Settlement –  $400,000 (partial)

Court

L.A. Superior Malibu


Attorneys

Plaintiff

Abram C. Zukor
(Zukor & Nelson)


Defendant

Jeffrey H. Baraban
(Baraban & Teske)

Roy D. Goldstein
(Law Offices of Jamie Skebba)

Mark Vranjes
(Grimm, Vranjes & Greer LLP)


Facts

The plaintiff, a 62-year-old businessman, tripped and fell while playing a doubles match at defendant tennis club.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant tennis club resurfaced tennis courts at the club two months prior to the accident. The resurfacing left the court too sticky and with a dangerously high coefficient of friction. The club had actual notice of complaints and at least two prior accidents.

DEFENDANT'S CONTENTIONS:
The defendant denied any knowledge that there was a dangerous condition or that there were any prior accidents.

Injuries

The plaintiff sustained a fractured skull with an epidural and a subdural hematoma that were surgically evacuated. He suffers from confusion, depression, poor judgment, mood swing, and short-term memory problems.

Result

The case settled at second mediation session with two of the defendants for $400,000 (partial).

Other Information

Case set for trial in February against the defendant tennis club. JUDGES: Hon. Cesar Sarmiento, trial judge; Hon. Russell Bostrom, retired, first mediation session; Hon. Harvey Schneider, retired, second mediation session. FILING DATE: Nov. 29, 2006.


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