This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jun. 18, 1994

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

Confidential

Settlement –  $245,000

Judge

Richard O. Frazee

Court

Orange Superior


Attorneys

Plaintiff

Michael S. Sutton


Defendant

Christopher A. Kall

Joseph T. Cook

Daniel R. Sullivan
(Sullivan Ballog & Williams LLP)


Experts

Plaintiff

Robert C. Sutter
(medical)

Charles E. Turnbow
(technical)

John S. Lean
(medical)

William C. Shiel Jr.
(medical)

John V. Fiore
(medical)

Lynn E. Vaugh
(medical)

Defendant

Raynard F. Runco
(technical)

Scott Haldeman
(medical)

Steven R. Marvin
(technical)

Herbert R. Summers
(technical)

Ronald F. Carducci
(technical)

Roger Ohanesian
(medical)

Facts

On June 28, 1992, Plaintiff, a 73-year-old retiree, was a guest at a wedding at Defendant church. Plaintiff was walking along a sidewalk at the rear of the church and then turned onto a sidewalk that was adjacent to the side of the church and abutted the asphalt parking lot. As Plaintiff walked on the cement, she was forced off of the sidewalk by overgrown trees and shrubs which prevented passage on the cement sidewalk. As she made the transition from the cement sidewalk to the asphalt parking lot, she tripped over a 1 1/4-inch buckling of the asphalt. Allegedly, Defendant church had received a proposal in November of 1989 to replace the asphalt parking lot due to its state of disrepair at that time. After the estimate for complete replacement of the asphalt had been received, the church did not proceed to repair. In 1990, Defendant contractor donated a slurry seal coating for the parking lot, with the slurry seal work being performed by Cross-defendant.

Settlement Discussions

Offers and demands were not disclosed.

Specials in Evidence

$35,661

Injuries

Ocular rupture at the site of a previous cataract extraction as well as lacerations above and below the left eye requiring left eye repair of the corneoscleral laceration with resection of uveal tissue and subsequent left eye enucleation requiring prosthesis; miscellaneous contusions, abrasions, and left leg trauma to the peroneal nerve requiring physical therapy.

Other Information

The gardener was dismissed.


#78050

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390