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Personal Injury
Premises Liability
Trip and Fall

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

Henry J. Walsh

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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