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Personal Injury (Non-Vehicular)
Premises Liability
Elevator Accident

Deborah Pickens v. Prentiss Properties Inc.

Published: Nov. 8, 1997 | Result Date: Apr. 4, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 7253081 –  $0

Judge

Michael E. Ballachey

Court

Alameda Superior


Attorneys

Plaintiff

Brian Y.K. Ching


Defendant

Susan Beneville

Todd A. Angstadt
(Phillips, Spallas & Angstadt LLP)


Experts

Plaintiff

Robert W. Madison
(technical)

F. Thomas Webb
(medical)

Donald Townsend
(medical)

Defendant

John O. Missirian
(medical)

Richard Howarter
(technical)

Facts

On Oct. 21, 1992, plaintiff Deborah Pickens, a 46-year-old records clerk, allegedly tripped while exiting defendant Prentiss Properties elevator. The plaintiff claimed the elevator was misleveled. Defendants Prentiss Properties and Schindler Elevator (the maintenance company) claimed there was no evidence that the elevator misleveled. The plaintiff claimed she suffered back and leg injuries. The defendants disputed the cause of her injuries. The plaintiff brought this action against the defendants based on negligence, premises liability and negligent maintenance theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $____________. The defendants made a C.C.P. º998 offer of compromise for $_____________ .

Specials in Evidence

$5,500 $25,000 $___________ $___________

Injuries

The plaintiff claimed injuries to her lower back, leg pain and exacerbation of chronic lumbar pain.

Other Information

A prior arbitration also resulted in a defense award.

Deliberation

3+ hours

Poll

12-0 (Schindler Elevator); 11-1 (Prentiss Properties)

Length

eight days


#79855

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