Andrew Caban v. Don Bremer, Carol Bremer, The Bremer Family Trust
Published: Jul. 20, 2004 | Result Date: Feb. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: VCVVS025591 Verdict – $140,640
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Andrew L. Shapiro
(Lewitt, Hackman, Shapiro, Marshall & Harlan)
Defendant
Experts
Plaintiff
Jay Rosenthal
(technical)
Defendant
Mark S. Sanders Ph.D.
(technical)
Gary L. Painter
(medical)
Facts
Plaintiff Andrew Caban, 39, was a U.S. Postal Service mail carrier. In January 2001, Caban delivered a package to the manager's unit at the Summerland Apartment Complex in Apple Valley. After delivering the package, he started back to his truck along a concrete walkway. Caban slipped on what seemed to be a combination of mud, dirt, and water. He fell, struck his left knee on the concrete walkway, and rolled into a nearby flowerbed. He sued the apartment complex owners for premises liability.
Settlement Discussions
Caban made a C.C.P. Section 998 demand of $139,999.99. The owners made no offer. Before trial, the parties held a court-ordered non-binding arbitration, which resulted in a defense award. Caban asked for trial de novo and the case proceeded to trial.
Damages
Caban claimed $26,333 in past medical expenses. He asked the jury to award $550,000.
Injuries
X-rays of Caban's left knee showed a comminuted fracture of the patella with displacement. Caban first underwent open reduction/internal fixation of his left kneecap and then a second, out-patient surgery to remove the hardware from his knee.
Other Information
Caban filed a memorandum of costs and the owners filed a motion to tax costs. The court denied the owners' motion and awarded Caban $17,992 in Section 998 costs and interest.
Deliberation
two days
Poll
12-0
Length
five days
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