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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Louise Grimm v. Mark Swenson, dba Sonshine Books and Gifts, et al.

Published: Mar. 12, 1994 | Result Date: Feb. 9, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 697947 –  $0

Judge

Richard W. Luesebrink

Court

Orange Superior


Attorneys

Plaintiff

Walter R. Zech


Defendant

Louise M. Douville

Thomas A. Marshall


Experts

Plaintiff

Charles E. Turnbow
(technical)

T.H. "Nick" Carter
(technical)

Defendant

Wendell Bril
(technical)

Facts

On October 12, 1991, Plaintiff Louise Grim, a 72-year-old secretary, tripped over a single 6-inch step in Defendant Sonshine Books and Gifts' religious book store, and she fell to the ground. Defendant Farallon was the owner and landlord. When Sonshine moved into the premises, a dividing wall was knocked down between two suites which were at a 6-inch difference in elevation. Tenant improvements were done by the landlord. All parties to the suit agreed that Plaintiff's fall took place on the premises; there was a conflict as to which step.

Settlement Discussions

Plaintiff contends they demanded $225,000 and Defendants made no offers.

Specials in Evidence

$89,000 $10,000 $10,000

Injuries

Fractured hip requiring total hip replacement; aggravated left knee due to hip injury requiring a knee replacement.

Other Information

The damages phase was set for trial before a new jury in May; this case settled on March 1, 1994, in the amount of $192,500.

Deliberation

2.5 days

Poll

9-3 in favor of Plaintiff against Sonshine, and 12-0 Defense Verdict in favor of Farallon

Length

4 days


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