Dorothy Smith v. Delta Air Lines Inc.
Published: Apr. 22, 2000 | Result Date: Feb. 23, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC034533 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
R. Thomas Wire
(Law Office of R. Thomas Wire)
Defendant
Janine K. Jeffery
(Reily & Jeffery Inc.)
Experts
Plaintiff
Matthew Byrnes
(medical)
Roger V. Bertoldi
(medical)
Defendant
Richard D. Bower
(medical)
Facts
On Aug. 10, 1997, plaintiff, a 48-year-old college instructor, was seated in an aisle seat aboard a
Delta Air Lines flight. The plaintiff fell asleep with her feet in the aisle.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $150,000. The defendant offered $50,000 at a court-ordered mediation.
Specials in Evidence
$14,000 $104,000
Injuries
Ingrown toenail, neuritis, and reflex sympathetic dystrophy, requiring three surgical procedures (nail evulsion, hammertoe correction and removal of scar tissue). In addition, plaintiff suffered neuromas and plantar fascitis secondary to having to wear a post-operative shoe for an extended period of time.
Deliberation
45 minutes
Poll
11-1 (negligence)
Length
four days
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