Karl Hess v. Wikiu Golf Course
Published: Feb. 22, 1997 | Result Date: Jun. 28, 1996 | Filing Date: Jan. 1, 1900 |Case number: 207964 – $175,000
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Eric M. Abramson
(Abramson Smith Waldsmith LLP)
Defendant
Experts
Plaintiff
Stephen J. Palladino
(medical)
Defendant
Jay Glasser
(medical)
Facts
On July 3, 1993, plaintiff Karl Hess, a 69-year-old retired man, was at defendant Wikiup Golf Course when an employee of the defendant course ran over the plaintiff with a golf cart. The plaintiff claimed that the defendant's employee was negligent and caused his injuries. The defendant claimed that the plaintiff failed to mitigate his damages. 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 $125,000. The defendant made a C.C.P. º998 offer of compromise for $85,000.
Specials in Evidence
$15,000
Injuries
The plaintiff claimed an ulceration of the posterior heel, leading to calcaneal osteotomy surgery, causing plantar fascitis and aggravation of ankle arthritis.
Other Information
The verdict was reached approximately two years after the case was filed. An arbitration was held on May 3, 1995 resulting in an award of $75,000. The plaintiff requested a trial de novo. The three dissenting jurors wanted to award the plaintiff differing sums for damages.
Deliberation
4 hours
Poll
9-3
Length
4 days
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