Case I.D. Confidential
Published: Dec. 9, 2010 | Result Date: Oct. 27, 2009 |Settlement – $575,000
Attorneys
Plaintiff
Defendant
Matthew K. Wisinski
(Murchison & Cumming LLP)
Charles H. Horn
(Freeman, Mathis & Gary LLP)
Facts
On April 19, 2007, plaintiff, an orthopedic surgeon visiting from Florida, slipped and fell on defendant's metal sub-basement elevator door situated in the sidewalk at Pine Street near Montgomery in San Francisco.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants failed to correct a known safety hazard and that the particular plate was not designed with a basket weave pattern nor was it slip-resistance coated as required by city code. Plaintiff further contended that the city adopted an ordinance placing liability on building owners to regularly inspect and apply non-slip coating to the surface or utilize a surface design, which enhances the slip resistance of these metal plates.
DEFENDANTS' CONTENTIONS:
Defendants claimed comparative negligence and disputed economic losses.
Specials in Evidence
less than $10,000
Damages
Plaintiff claimed that his surgical practice suffered losses in excess of $1 million.
Injuries
Plaintiff suffered a complete rupture of the quadriceps tendon and a torn meniscus, both repaired surgically.
Result
The parties reached a settlement of $575,000.
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