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Personal Injury (Non-Vehicular)
Premises Liability
Wrongful Death

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

William L. Dunbar

Court

Alameda Superior


Attorneys

Plaintiff

Richard A. Seltzer


Defendant

Robert L. Jensen


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


#77765

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