Sylvia Karen Franke v. Viking Motel, LLC, Rajesh K. Bhakta, Ishwar G. Narsai
Published: Oct. 14, 2022 | Result Date: Jun. 7, 2022 | Filing Date: Jun. 7, 2019 |Case number: 56-2019-00529227-CU-PO-VTA Settlement – $150,000
Judge
Court
Ventura County Superior Court
Attorneys
Plaintiff
Garth M. Drozin
(Law Offices of John C. Ye)
Defendant
Mark R. Weiner
(Mark R. Weiner & Associates)
Raquel Vallejo
(Mark R. Weiner & Associates)
Facts
On June 17, 2017, at 7 p.m., while plaintiff Sylvia Franke was a guest at the Viking Motel, she tripped on a section of carpet on a stairway landing that was torn away, leaving a hole in the surface, causing her to fall and injure her back, hands, thighs, knees, and right toe. She lost earnings as a nurse, and underwent back surgery in April of 2021.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff argued that the dangerous condition on the stairway was old, as photos showed, was not especially apparent, and should have been fixed, or guests should have been warned of it, and the condition was unknown to plaintiff before she tripped on it.
DEFENDANT'S CONTENTIONS: Defendant contended that the condition was obvious and minor, and that plaintiff had chronic previous back problems before the subject incident.
Result
The case settled for $150,000.
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