Tammie Moniz v. Graspointner-Carpenter Inc.
Published: Jun. 7, 2001 | Result Date: May 2, 2001 | Filing Date: Jan. 1, 1900 |Case number: 252093 Verdict – $253,000
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jondy Cohen
(medical)
Defendant
George W. Westin
(medical)
Facts
On Dec. 31, 1999, the plaintiff slipped and fell and injured her right knee on a freshly mopped floor at defendant
McDonaldÆs restaurant located in Modesto.
The plaintiff testified that no warning signs were present in the play area where she slipped. The plaintiff sued
on a theory of negligence.
Settlement Discussions
The plaintiff first demanded $190,000, and then served a C.C.P. Section 998 in the amount of $105,000. The defendant first offered $15,000, and then served a C.C.P. Section 998 for $25,000. The defendant raised its final offer to $65,000 before the plaintiff closed.
Specials in Evidence
$38,000 $15,000
Injuries
The plaintiff suffered injuries to the right knee including a torn medial meniscus and torn anterior cruciate ligament. The plaintiff underwent arthroscopic repair to the meniscus, ACL reconstruction and scar tissue removal.
Other Information
<P>The defendantÆs motion for new trial and remittitur are pending.</P>
Deliberation
two hours
Poll
12-0 (negligence), 9-3 (causation), 12-0 (damages), 12-0 (comparative)
Length
two days
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