Confidential
Settlement – $120,000Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gregg Pottorff
(medical)
Tracy Albee PHN, BSN, RN, LNCC, CLCP, FIAL
(technical)
Albert J. Ferrari
(technical)
Defendant
Terence J. McDonnell
(medical)
Facts
The plaintiff, a 45-year-old recycling collector, injured his knee when he stepped in a pot hole in a driveway
controlled by the defendant restaurant.
The plaintiff contended that the defendant had actual notice of potholes in the driveway because he had
complained about them before the accident.
The defendant contended that the potholes were minor and not a dangerous condition,
and that the plaintiff was at fault for not looking where he was going. The defendant also noted
that a week before the accident, the plaintiff was put on notice from his employer that he would
be fired.
Specials in Evidence
$122,000 $74,648 $200,000
Injuries
The plaintiff suffered aggravation of pre-existing degenerative arthritis in the right knee requiring arthroscopic surgery.
Other Information
<A>A non-binding arbitration resulted in a net award to the plaintiff of $90,000 after he was found 80 percent at fault.</A>
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