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

Josephine O'Donnell v. Kaiser Center, Inc.

Published: Apr. 29, 1995 | Result Date: Apr. 13, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 7184932 –  $0

Judge

Jacqueline Taber

Court

Alameda Superior


Attorneys

Plaintiff

Jeffery D. Trowbridge


Defendant

Joseph C. Costella

Barry M. Gallagher


Experts

Plaintiff

Albert J. Ferrari
(technical)

Defendant

Steven Werner
(technical)

Warren M. Weitzman
(technical)

Howard Sturtz
(medical)

Facts

On June 27, 1992, Plaintiff Josephine O'Donnell, was on her way to her son's wedding when she fell in Defendant Kaiser Center, Inc.'s garage while wearing new Defendant Caparros shoes purchased at Defendant Nordstrom. Plaintiff was a 72-year-old retiree, at the time of incident.

Settlement Discussions

Defendants contend that they offered a waiver of costs and that Plaintiff demanded $750,000 reduced to $375,000.

Specials in Evidence

$50,000 none $30,000

Damages

Plaintiff asked the jury to award $400,000 for pain and suffering.

Injuries

Split plateau fracture of left knee requiring surgery and future surgery.

Other Information

This case was filed on June 23, 1993; one year and 10 months before this result.

Deliberation

5 hours

Poll

11-0-1 (abstention) re Kaiser; 12-0 re Caparros and Nordstrom

Length

11 days


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