John Covington v. Red Lion Hotels and Inns
Published: May 14, 1994 | Result Date: Feb. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: RCV062852 – $30,790
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Hampton Gaskins
(medical)
Daniel I. Braun
(technical)
Defendant
Edward L. Bennett M.A.
(technical)
Cary P. Mack
(technical)
Gary L. Painter
(medical)
Kenneth L. Nudleman M.D.
(medical)
Facts
On June 11, 1991, Plaintiff John Covington, a 55-year-old osteopath and ordained minister, attended a fund raiser at the Defendant Red Lion Hotel in Ontario. As master of ceremonies for the event, Plaintiff sat at the head table on a stage riser. The riser had been set 2 feet away from an adjacent air wall, rather than abutting the air wall. Plaintiff fell off the stage, into the 2-foot gap.
Settlement Discussions
Defendant contends their only offer was $25,000 and Plaintiff submitted a 998 demand for $700,000, reduced to $200,000 after arbitration, and again reduced to $100,000 at the settlement conference.
Specials in Evidence
$1,500 $32,000 $48-130,000 $20,000
Injuries
Impacted radial head fracture of the left elbow and loss of sensation dexterity requiring physical therapy and future surgery (previously inoperable due to loss of sensation).
Other Information
A prior arbitration resulted in a Plaintiff's award of $56,000; trial de novo by Plaintiff. The Court allowed Defendant's complete cost bill of $28,000; leaving Plaintiff a net recovery of $2,790.
Deliberation
2.5 days
Poll
10-2 liability, 12-0 damages and comparative negligence
Length
2 weeks
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