Winterton v. McCarthy
Published: Apr. 8, 2000 | Result Date: Sep. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: SCV32094 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Patricia A. Law
(Law Offices of Patricia A. Law APC)
Defendant
J. Michael McClure
(Stratman, Schwartz & Williams-Abrego)
Experts
Plaintiff
Jerry L. Hildreth
(technical)
Michael J. Einbund M.D.
(medical)
Daniel P. Montrenes
(technical)
Edward L. Bennett M.A.
(technical)
Defendant
Stephen C. Wexler
(technical)
Facts
On Feb. 21, 1996, at approximately 6:15 a.m., plaintiff Frank Wintertron was walking through a puddle in the basement level of the Loma Linda Cancer Institute construction site in San Bernardino, when he slipped and fell, injuring himself.
Plaintiff, a 55-year-old sheet metal worker, was an employee of Western Air & Refrigeration Co., a subcontractor on the project. Defendant McCarthy Construction was the general contractor.
Settlement Discussions
The plaintiff demanded $400,000, while the defendant offered $10,000.
Specials in Evidence
$70,000 $117,359 $134,761
Injuries
The plaintiff suffered a fractured patella as a result of the accident and had to undergo a patellectomy.
Deliberation
30 minutes
Poll
10-2 (defense)
Length
seven days
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