Alexander Quan v. SP Plus Corporation; Nob Hill Masonic Center Inc.; California Masonic Memorial Temple; Atlas Bay City Company Inc., and Does 1-50, Inclusive
Published: Feb. 26, 2021 | Result Date: Feb. 9, 2021 | Filing Date: Sep. 24, 2018 |Case number: CGC-18-570043 Settlement – $1,425,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Loren E. Schwartz
(Dunn & Panagotacos LLP)
Defendant
David M. Levy
(Van De Poel, Levy, Thomas, Arneal, LLP)
for Atlas Bay City Company, Inc.
Victoria Townsend
(Van De Poel, Levy, Thomas, Arneal, LLP)
for Atlas Bay City Company, Inc.
Facts
Plaintiff Alexander Quan slipped, fell, and hit his head while walking along a pedestrian walkway within the California Masonic Memorial Temple. The walkway had been re-painted by Atlas Bay City Company Inc. approximately 3 months prior to Plaintiff's fall. Plaintiff filed suit against SP Plus Corp., Nob Hill Masonic Center, Inc., California Masonic Memorial Temple, and Atlas Bay City Company.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Defendant Atlas Bay City Company failed to include, within the paint which it applied to the walkway, a non-skid additive which it was required to use pursuant to its contract with California Masonic Memorial Temple. Plaintiff further alleged that as a result of the failure to include this non-skid additive, the walkway was unreasonably slippery, particularly in wet conditions. Plaintiff alleged that Defendants Nob Hill Masonic Center, Inc, and California Masonic Memorial Temple were aware that the required non-skid additive had not been included approximately two months prior to Plaintiff's fall yet failed to take appropriate corrective action. Plaintiff alleged that as a result of the defendants' negligence, he slipped and fell, hitting his head and consequently sustained a mild traumatic brain injury.
DEFENDANTS' CONTENTIONS: Defendants denied that the subject walkway was unreasonably slippery. Defendants further contended that even if Plaintiff sustained a mild traumatic brain injury, he should have made a full recovery within 3-6 months.
Result
The parties agreed to a total settlement of $1.425 million (with $1 million coming from Defendant Atlas Bay City Company, Inc; and $425,000.00 coming from Defendants Nob Hill Masonic Center, Inc; and California Masonic Memorial Temple).
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