Ralph Whylie v. City of Los Angeles
Published: Nov. 15, 1997 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC157128 – $317,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Defendant
Jon B. Greenfield M.D.
(medical)
Facts
On May 27, 1995, plaintiff Ralph Whylie, a 35-year-old man, was walking on 6th Street near Lindley Place when he stepped into an open air vent and fell to the ground, landing on his knees. The plaintiff brought this action against defendant City of Los Angeles based on negligence and failure to warn theories of recovery. The plaintiff contended that the city had a duty to maintain the air vent or, at least, to warn him if the cover was missing because it constituted a dangerous condition. The defendant contended that it did not create or have actual or constructive notice of the dangerous condition.
Settlement Discussions
The plaintiff made a settlement demand for $250,000. The defendant made an offer of compromise for $35,000.
Specials in Evidence
$92,000 Per defendant, plaintiff has not returned to work and was making $10 per hour at the time of the accident
Injuries
The plaintiff tore the tendons in both of his knees.
Other Information
The verdict was reached approximately one year and one month after the case was filed. A settlement conference was held on Sept. 12, 1997, before Harry Schaffer. It did not resolve the matter. POST TRIAL MOTIONS: Defendant has filed a motion for JNOV, new trial and, in the alternative, remittitur.
Deliberation
four days
Poll
10-2 (liability), 9-3 per defendant; 10-2 (damages)
Length
four days
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