Downing v. Peninsula Corridor Joint Powers Building
Published: May 30, 1998 | Result Date: Mar. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV758885 Verdict – $58,500
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Matthew J. Durket
(Law Office of Matthew J. Durket)
Defendant
Experts
Plaintiff
Dale H. Fietz
(technical)
Facts
On Sept. 27, 1995, plaintiff Ruth Downing, a 75-year-old woman, fell down an unmarked step when she tried to access the train depot through an "employees only" area. The plaintiff brought this action against the defendant based on negligence theories of recovery. The plaintiff contended that the step was dangerous because it did not have adequate warning. The defendant contended that step was not dangerous because it was visibly marked, and the plaintiff was not using due care.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $7,500.
Specials in Evidence
$16,887.10
Damages
The plaintiff claimed medical costs, pain and suffering and loss of income.
Injuries
The plaintiff alleged injury to her shoulder.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. A settlement conference was held on March 18, 1998. It did not resolve the matter.
Deliberation
three hours
Poll
10-2
Length
five days
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