Confidential
Settlement – $245,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
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.
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