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Personal Injury
Premises Liability
Slip and Fall

Connie Keck v. Marriott International

Published: Feb. 8, 1997 | Result Date: Jun. 13, 1996 | Filing Date: Jan. 1, 1900 |

Case number: C9404412 Verdict –  $152,669

Judge

Joyce M. Cram

Court

Contra Costa Superior


Attorneys

Plaintiff

Vaughn E. Spunaugle


Defendant

Mark S. Lee
(Rimon PC)


Experts

Plaintiff

Bernard B. Gadwood Jr.
(medical)

Defendant

Robert F. Mazzetti
(medical)

Facts

On Oct. 13, 1993, plaintiff Connie Keck, a 44-year-old woman, was working in the kitchen at Brookside Hospital when she slipped and fell in water leaking from a dishwasher. Defendant Mariott International provided food service for the hospital. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $20,000. The defendant made a C.C.P. º998 offer of compromise for $15,000, together with a waiver of the workers' compensation lien of $39,991.69 which had been assigned to the defendant by the plaintiff's employer.

Specials in Evidence

$7,251.09 $25,417.99 $_______ $1,000 annually for life

Injuries

The plaintiff alleged she sustained chronic low back strain/sprain, resulting in permanent pain and limited range of motion.

Other Information

The defendant's motion for new trial was granted but the court allowed the plaintiff to accept a remittitur of $80,000 in non-economic damages in lieu of re-trying the case. The plaintiff's judgment after reductions due to Proposition 51 and the workers' compensation lien was $48,000 which has her satisfied.

Deliberation

3 hours

Poll

10-2 (liability); 9-3 (damages)

Length

4 days


#79195

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