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Personal Injury
Premises Liability
Dangerous Condition of Public Property

Yuefeng Zhou, Ying Shi v. City of San Jose

Published: Mar. 23, 2018 | Result Date: Feb. 9, 2018 | Filing Date: Aug. 31, 2016 |

Case number: 16CV299426 Verdict –  $1,067,732

Judge

Mark H. Pierce

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

David A. Krausz
(Law Office of David A. Krausz)

Justin Chou
(Walkup, Melodia, Kelly & Schoenberger)

Matthew D. Davis
(Walkup, Melodia, Kelly & Schoenberger)


Defendant

Christian B. Nielsen
(Office of the San Jose City Attorney)

Nkia D. Richardson
(Office of the San Jose City Attorney)


Facts

Yuefeng Zhou and Ying Shi sued the City of San Jose in relation to the city's maintenance of a tree that fell on Shi. Shi sustained fatal injuries.

Contentions

PLAINTIFF'S CONTENTIONS: Zhou alleged that the city was negligent and created a dangerous condition when it failed to properly maintain a tree that fell and crushed Shi to death.

DEFENDANTS' CONTENTIONS: The city admitted liability.

Damages

The plaintiffs sought $10 million dollars in damages and wrongful death damages in an unspecified amount.

Injuries

Loss of society and multiple trauma.

Result

The jury awarded the plaintiffs $1 million dollars. The amount included $200,000 in past non-economic damages and $800,000 in future non-economic damages. The parties had previously stipulated to $67,732.14 in economic damages.


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