Melanie Stapper v. Toby Lee, Doe Lee and Genie Corporation
Published: Mar. 27, 1999 | Result Date: Oct. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: 976627 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Scott H. Carr
(Greene, Broillet & Wheeler LLP)
Defendant
Experts
Plaintiff
Vaughn Adams
(technical)
James R. Cole
(medical)
Arun Kumar
(technical)
Jonathan Mueller
(medical)
Edward L. Bennett M.A.
(technical)
Donald C. Berman
(technical)
Robert E. Lowe
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
Craig Heberer
(technical)
William Neville
(technical)
Paul A. Violich
(technical)
Larry W. Anderson
(technical)
R. Quinn Brackett
(technical)
Ronald Raymond
(technical)
James F. McMullen
(technical)
Elaine Date
(medical)
Paul Murray
(technical)
Johnathan D. Cloud
(Law Office of Johnathan D. Cloud)
(technical)
Lou Whitaker
(technical)
Gregory W. Sells
(technical)
Sandra R. Klein
(medical)
Facts
Plaintiff Melanie Stapper, a 34-year-old firefighter, was a probationary firefighter employed by the City of San Francisco who received burn and other injuries while she and fellow firefighters were fighting a fire at the 75 Everson Street home of defendant Toby Lee and his wife in the early morning hours of March 9, 1995. The only way in and out of the Lee home was through the garage, which had an overhead garage door opener operated by defendant Genie Corporation automatic garage door opener, model GXL 9500. While the firefighters were inside the garage, the overhead garage door closed, trapping them inside. The plaintiff sued defendant Genie on negligence, strict liability and breach of warranty.
Settlement Discussions
The plaintiff made a settlement demand for $20 million. The defendants offered nothing.
Specials in Evidence
$1 million $35,000 $350,000 $1 million
Injuries
The plaintiff sustained second degree burns over 40% of her body, cortical blindness, brain damage and lung damage from smoke inhalation.
Other Information
After a limited opening statement of the firefighter's rule issue, judge Alex Saldamando granted defendant Genie's motion for nonsuit. Defendants Toby Lee and his wife's motion for nonsuit was denied. According to plaintiff, during the course of the litigation, Genie brought a motion for summary judgment based upon the Firefighters Rule before Judge David Garcia. That motion was denied. Genie then filed a writ petition regarding the denial of their summary judgment based upon the Firefighters Rule. After requesting and considering plaintiff's opposition on the merits to the writ petition, the Court of Appeal denied Genie's petition. Thereafter, the case was assigned to Judge Alex Saldamando for trial. Judge Saldamando determined that he had the authority to revisit the Firefighters Rule issue. On his own request, Judge Saldamando invited Genie to move for nonsuit, and he required plaintiff to submit a verbal "offer of proof" regarding the Firefighters Rule. At no time was an opening statement given or a jury impaneled.
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