Shane Harper v. The Laurel Co.; Wymond Bradbury
Published: Oct. 18, 1997 | Result Date: Sep. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: SB209203 – $189,512
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen W. Pearson
(medical)
Roy Scott Hickman
(technical)
Roy Harthorn
(technical)
Defendant
Terrence C. Honikman
(technical)
Facts
On Aug. 4, 1994, plaintiff Shane Harper, a 24-year-old car rental agent, moved into a second-story apartment in Santa Barbara owned by defendant, Wymond Bradbury. On Aug. 31, 1994, at approximately 8:30 p.m., he heard a car alarm go off. He recognized it was the alarm from his girlfriend's jeep, which was parked in an assigned spot at the back of the complex. He got up from dinner to see what, if anything, had set off the alarm. He walked onto the edge of the balcony where a 9-inch wooden planter box was situated on top of an 18-inch high stucco wall. As he put his hands on the planter box to lean over to view the area around the vehicle, the planter box, which was rotten and termite infested, cracked and gave way, causing the plaintiff to fall approximately 12 feet to the cement, one story below. The planter box was maintained by defendant, The Laurel Co. The plaintiff brought this action against the defendants, the property owner and maintenance company based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand to defendant Bradbury for $180,000 and a C.C.P. º998 settlement demand to defendant, The Laurel Co., for $180,000. The defendants made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$24,986 $37,000 $72,000 $4,000
Injuries
The plaintiff suffered a broken right ankle requiring surgery, severe soft tissue injury to his left foot requiring surgery and future surgery to fuse the big toe joint on his left foot.
Other Information
The verdict was reached approximately two years and one month after the case was filed. Several conferences were held but no settlement was reached.
Deliberation
two days
Poll
11-1
Length
10 days
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