Peggy Reidy v. Denny's Inc.
Published: May 31, 1997 | Result Date: Apr. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: N70359 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
J. Lynn Feldner
(Murchison & Cumming LLP)
Experts
Plaintiff
Kevin O'Neill
(technical)
Richard Greenfield M.D.
(medical)
Defendant
John Hardisty
(technical)
Facts
On Feb. 17, 1995 plaintiff Peggy Reidy, a 60-year-old automobile dealership office administrator, left the defendant Denny's restaurant and walked along the sidewalk adjacent to the restaurant. As she stepped off the curb into the parking lot, she tripped and fell. There was a planter next to the sidewalk and the edge of the planter was constructed out of asphalt. The asphalt edge was flared down into the parking lot pavement at the corner where the edge meets the cement curb. The plaintiff claimed she tripped over the edge of the asphalt planter. 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 $75,000. The defendant made a C.C.P. º998 offer of compromise for $20,000.
Specials in Evidence
$10,485.47 $10,296
Damages
The plaintiff alleged she suffered a hairline fracture of her left wrist and a fracture of her right ankle. The plaintiff underwent surgery to her ankle with placement of four screws. The plaintiff claimed she was left with a slight limp and a loss of range of motion in her right ankle.
Other Information
The verdict was reached approximately one year and three months after the case was filed.
Deliberation
1 hour
Poll
11-1
Length
4 days
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