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Personal Injury
Premises Liability
Trip and Fall

Raymond Brooks and Loree Brooks v. Transpacific Restaurants Inc., dba Jolly Roger and Motel 6

Published: Jun. 13, 1998 | Result Date: Apr. 30, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 748065 Verdict –  $159,577

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Stanton T. Mathews
(Mathews Nissen LLP)


Defendant

Douglas M. DeGrave
(Poliquin & DeGrave LLP)


Experts

Plaintiff

Rodney Bluestone M.D.
(medical)

Defendant

Anthony Bohan
(medical)

Facts

On June 6, 1994, plaintiffs Raymond and Loree Brooks invited four other couples for dinner at the Jolly Roger Restaurant on Dyer Road in Santa Ana. At approximately 9 p.m., the group left the restaurant. As plaintiff Raymond Brooks, a 57-year-old elementary school principal, crossed the parking lot toward his car, he tripped over the broken concrete curb of a planter. He fell hard to the ground, hitting his head on the asphalt surface of the parking lot. The plaintiffs brought this action against the defendants Transpacific Restaurants and Motel 6 based on a negligence theory of recovery.

Settlement Discussions

Per the defendant, the plaintiffs made a C.C.P. º998 settlement demand for $300,000 that was later raised to $1.7 million at trial. The defendants made a C.C.P. º998 offer of compromise for $125,000.

Specials in Evidence

$830,413 (per defendant). Home care costs $130,000 $124,741 (per defendant) $__________ $__________

Injuries

Plaintiff Raymond Brooks alleged atlantoaxial, subluxation, bruised spinal cord, aggravation of rheumatoid arthritis, and diabetes, resulting in total disability and miscellaneous cuts, abrasions and lacerations. Plaintiff Loree Brooks claimed damages for loss of consortium.

Other Information

A mediation was held on Feb. 25, 1998, before Judge Russell Bostrum, retired, of Judicate West, resulting in no settlement.

Deliberation

four hours

Poll

9-3

Length

seven days


#80116

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