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Personal Injury (Non-Vehicular)
Premises Liability
Wrongful Death

Realea Allen, Richard Younger, Gloria Gray v. Madhaubhai Patel and Alpine Motel

Published: Mar. 6, 1999 | Result Date: Jan. 13, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 401168 Verdict –  $0

Judge

Richard C. Livermore

Court

San Mateo Superior


Attorneys

Plaintiff

Clifford Mau

Miles Washington

Russell Collins

Barbara E. Scramstad


Defendant

William S. Kronenberg
(Kronenberg Law PC)


Experts

Plaintiff

Joseph G. Carleton
(technical)

Sharon H. Van Meter
(medical)

Defendant

Richard T. Mason
(medical)

Richard Schreiber
(technical)

Facts

On Feb. 20, 1997, at approximately 12:30 a.m., Clarence Brown, a 46-year-old parking lot attendant and Mildred Allen, a 41-year-old mother and aunt to minor plaintiffs, checked into Room 11 of the Alpine Motel located at 560 Center Street in Daly City. The next morning, they were discovered dead from extreme carbon monoxide poisoning from the gas wall heater. The cover of the heater had been removed and the draft diverter, which vents the carbon monoxide out of the room, had been altered. The plaintiffs brought suit against wrongful death, premises liability and negligence cause of action.

Settlement Discussions

The plaintiff made a settlement demand at the mandatory settlement conference for $400,000. The defendant made an offer of $20,000.

Damages

Plaintiff Gloria Gray, sister of the decedent Clarence Brown, claimed $150,000 in damages. Plaintiffs Realea Allen and Richard Younger claimed $250,000 in damages for the wrongful death of decedent Allen.

Other Information

The verdict was reached approximately one year and six months after the case was filed. An arbitration was held on Aug. 7, 1998, before Joseph C. Howard Jr., resulting in the decision for the defense.

Deliberation

three hours

Poll

11-1

Length

seven days


#80218

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