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Personal Injury (Non-Vehicular)
Elevator Accident
Damages Trial

Sean Ayala v. Hoosang Kashani, et al.

Published: Nov. 12, 1994 | Result Date: Oct. 12, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC076647 –  $585,000

Judge

Ernest G. Williams

Court

L.A. Superior Central


Attorneys

Plaintiff

Stephen C. Ball
(Ball & Bonholtzer)


Defendant

Paul H. Burleigh
(Klinedinst PC)

James P. Zurawski
(M&Y Personal Injury Lawyers)


Experts

Plaintiff

Thomas D. Murtaugh
(technical)

Paul Rukasin
(technical)

Leah Ellenberg Ph.D.
(medical)

Andrea Morrison
(medical)

Defendant

Jafar Afrooz
(technical)

Mark VanHouten
(medical)

Leonard Patito
(technical)

Facts

On January 26, 1993, Plaintiff Sean Ayala, a 6-year-old boy, was playing in and around an old-fashioned elevator that had 2 doors: the hallway door and the elevator door. The hallway door had space bars in order to prevent someone from falling through a 9-inch gap between the 2 doors. Plaintiff Ayala climbed in between the space bars; the door closed; and the elevator car moved downward striking his head. Plaintiff made a sliding scale settlement with the landowner for $100,000 with a guarantee of $350,000; Ayala proceeded to trial against Defendants Western Elevator and Tillipman Elevator, the elevator service companies.

Settlement Discussions

Plaintiff contends that they demanded $100,000 from Western Elevator and that Defendant Western offered $25,000.

Specials in Evidence

not in evidence $300,000 - $500,000 $200,000

Injuries

Closed head injury with subtle neurological deficits. Plaintiff did not require treatment nor surgery.

Other Information

Plaintiff and Tillipman entered into a tentative settlement before trial for $15,000, but could not get good faith settlement approval from the Court.

Deliberation

2.5 days

Poll

11-0 negligence and causation, 11-2 damages

Length

6 days


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