Steven Cantu v. YMCA
Published: Oct. 26, 1996 | Result Date: Aug. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: NC012058 – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Dana J. McCune
(McCune & Harber LLP)
Experts
Plaintiff
Alan Adelman
(medical)
Defendant
Carley C. Ward
(technical)
Facts
On Sept. 1, 1992, plaintiff Steven Cantu, a 32-year-old oil refinery worker, was playing basketball at the defendant San Pedro peninsula YMCA when his foot became stuck on the gymnasium floor surface. According to the plaintiff, this caused him to fall, ultimately twisting his knee and resulting in the claimed injuries. The YMCA gymnasium floor was over 25 years old at the time of this incident. It was the subject of numerous complaints and was in need of repairs. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $350,000. The defendant made a C.C.P. º998 offer of compromise for $50,000, with authority to increase to $100,000.
Specials in Evidence
$47,000 $37,000 unknown unknown
Injuries
The plaintiff sustained a tear of the anterior cruciate ligament, resulting in two reconstruction surgical procedures. The surgery required that the patellar tendon be used to create a new substitute anterior cruciate ligament. The plaintiff also alleged he sustained a tear of the meniscus.
Other Information
The verdict was reached approximately three years and one month after the case was filed. An arbitration was held on Sept. 14, 1995 before Judge John Lane, retired, resulting in a defense award. The plaintiff requested a trial de novo. EXPERT WITNESS TESTIMONY: The defense biomechanics expert, Dr. Carly Ward, testified that it was impossible for this accident to have occurred in the manner alleged by the plaintiff. The plaintiff's medical expert, the treating physician (???) testified to the contrary.
Deliberation
2 days
Poll
9-3
Length
9 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390