Scott McGuirk v. City of San Clemente, et al.
Published: Feb. 19, 1994 | Result Date: Feb. 1, 1994 | Filing Date: Jan. 1, 1900 |Case number: 697414 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mary Childs
(Yoka & Smith LLP)
Experts
Plaintiff
Fred J. Goldsmith
(technical)
David E. Allen Jr.
(medical)
David S. Hanson
(technical)
Defendant
Daniel Belove
(medical)
Theodore Van Dam
(medical)
Daniel I. Braun
(technical)
D. William Zaayer
(medical)
Facts
On April 23, 1992, Plaintiff Scott McGuirk, a 40-year-old accountant, was playing softball at Richard T. Steed Memorial Park in the Defendant City of San Clemente. The softball league was coordinated by Defendant Sportspark, Ltd., who also leased the premises from the city. Plaintiff alleged that he was running down the first baseline when he tripped and fell over an unexposed base anchor.
Settlement Discussions
Defendants contend they offered $25,000 during trial and $50,000 while the jury was deliberating; and Plaintiff made a 998 demand of $279,752.
Specials in Evidence
$76,782 $170,266
Injuries
Non-displaced fracture of the right tibia and fibula requiring closed reduction and physical therapy; synovitis of the right knee, fungal infections in the feet and hands, cellulitis in the right and left extremities, pain and numbness in the shoulders and neck radiating the left upper extremity, low back pain, and left knee pain -- all requiring extensive chiropractic treatments and physical therapy.
Deliberation
2.75 hours
Poll
10-2
Length
5 days
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