Raul Molina, Esther Herrera v. Fuller Enterprises
Published: Mar. 12, 1994 | Result Date: Feb. 2, 1994 | Filing Date: Jan. 1, 1900 |Case number: H1595606 – $1,620,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George E.T. Lawniczak Jr.
(technical)
Facts
On November 14, 1991, Plaintiffs Raul Molina and Esther Herrera left the care of their 18-month-old child to the child's grandmother. The grandmother was using the laundry room in an apartment complex owned by Defendants Fuller Enterprises while attending to the child. Plaintiffs' child wandered away from his grandmother, went through a hole in the fence of the complex, and drowned in the swimming pool.
Settlement Discussions
Plaintiffs contend they demanded $400,000 and that Defendants' offer was unclear, but that they indicated $150,000.
Specials in Evidence
not claimed
Injuries
Loss of love, companionship, and affection resulting from the death of their 18-month-old son.
Deliberation
1.5 day
Poll
9-3 damages, 10-2 fault of Defendant apartment building, 11-1 comparative negligence of grandmother, 12-0 negligence
Length
2 weeks
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