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Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Teresa Mendonca v. Luther Burbank Memorial Foundation

Published: Oct. 15, 1994 | Result Date: Sep. 20, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 198518 –  $0

Judge

George L. Nelson

Court

Sonoma Superior


Attorneys

Plaintiff

Hugh N. Helm III


Defendant

Nancy K. McDonald


Experts

Plaintiff

Briant Smith
(medical)

Christopher Lirely
(technical)

Defendant

Lawrence S. Guinney
(medical)

Thomas A. Jennings
(technical)

Facts

On May 22, 1991, while attending Reggae Sun Splash '91, Plaintiff Teresa Mendonca, a 43-year-old grocery checker, sat on the back of one of the benches for an undetermined period of time, in order to get a better vantage point for the performing acts. Several teenagers joined Plaintiff on the back of the bench. The combined weight caused the back of the bench to break; and Plaintiff fell, striking her sacrum on the bench behind her. This incident took place on the premises of the Luther Burbank Center for the Arts, owned by Defendant Luther Burbank Memorial Foundation.

Settlement Discussions

Defendant contends it offered $15,000 on the first day of trial and Plaintiff made a 998 demand of $75,000 increased to $200,000 during jury deliberations.

Specials in Evidence

$5,908 $6,000

Injuries

Bruised sacrum requiring physical therapy and resulting in residual, continuing pain and discomfort.

Deliberation

1 day, 3 hours

Poll

10-2

Length

8 days


#78228

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