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Personal Injury
Premises Liability
Slip and Fall

Case I.D. Confidential

Published: Dec. 9, 2010 | Result Date: Oct. 27, 2009 |

Settlement –  $575,000

Attorneys

Plaintiff

Christopher P. Yuhl


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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