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Personal Injury (Non-Vehicular)
Premises Liability
Respondeat Superior

Jesus Martinez v. Ignacio Gomez, et al.

Published: May 6, 1995 | Result Date: Apr. 21, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 626079 –  $0

Judge

Sheridan E. Reed

Court

San Diego Superior


Attorneys

Plaintiff

Jeffrey M. Winter


Defendant

Douglas R. McCorquodale


Experts

Plaintiff

Scott Adler
(medical)

Robert H. Wallace
(technical)

Facts

Defendant Ignacio Gomez purchased the Highland Corner Hotel on June 20, 1989. Plaintiff Jesus Martinez, a 51-year-old unemployed plasterer, was evicted on July 27, 1989. Two days later, Plaintiff returned at approximately 2:00 a.m., for the purpose of retrieving a refrigerator. Plaintiff alleged that he was then assaulted by Bobby Howard.

Settlement Discussions

Defendant contends he offered $15,000 and Plaintiff demanded $50,000 -- both at trial.

Specials in Evidence

not disclosed not disclosed not disclosed not disclosed

Damages

$256,000 total of both lost earnings and medical expenses were claimed.

Injuries

C4-6 disc protrusions and right-sided hemiparesis. Treatments and/or surgeries were not disclosed.

Other Information

This is the second defense verdict in this case; it was tried to defense verdict in June of 1992. Plaintiff then filed a motion for new trial on the grounds of jury misconduct and insufficiency of the evidence, which was granted and affirmed on appeal.

Deliberation

1 day

Poll

9-3

Length

3 days


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