Confidential
Settlement – $93,500Court
San Francisco Superior
Attorneys
Plaintiff
Dawn L. Hassell
(Hassell Law Group PC)
Defendant
Experts
Plaintiff
Marina Kasavin
(medical)
Claudio Bluer
(technical)
H. Relton McCarroll
(medical)
Defendant
Gabriel Kind
(medical)
Facts
On Dec. 27, 2002, around 10 p.m., plaintiff Bruce Sinor was walking through the parking garage in Building D
of the Diamond Heights Village condominium complex in San Francisco. The plaintiff's foot got stuck in a
four-inch gap while walking across a ramp. The gap was situated between a wheelchair ramp and the concrete
landing. The plaintiff tripped and fell.
The plaintiff sued the defendant for premises liability. He claimed the gap was a dangerous condition and,
further, that the defendant failed to maintain the ramp in a reasonably safe condition.
The plaintiffÆs expert, a private housing inspector, inspected the garage. He reported that the ramp was not
secured to the landing and that it also tended to move away from the landing, which resulted in a gap. The
expert also indicated that the walking conditions were dangerous at the site. There was a general lack of
maintenance in the ramp area. He alleged that he observed trash between the landing and the ramp. Thus, the
gap was present at the time of the incident because the trash could not have otherwise gathered between the
landing and the ramp.
The plaintiffÆs counsel opined that the defendant failed to hold proper ramp inspections.
A maintenance worker indicated in a deposition that he had observed the gap condition before the incident. He
stated that he moved the ramp back into place. The plaintiff's counsel opined that the ramp did not comply
with the local building code. The code required that ramps be bolted to a fixed structure.
The plaintiff testified to other ways the area was dangerous, such as how the was being poorly lit when he tripped
and fell due to the gap.
The defense contended that the ramp was built with a permit. Further, it did not violate any building codes. If the
ramp was not in place, it was because Dept. of Sanitation workers hit it out of place it with dumpsters during
trash collection.
The defense also opined that the gap condition was open and obvious, it was in an adequately lit
area and the plaintiff was comparatively negligent for not watching his step.
Settlement Discussions
There was a C.C.P. Section 998 demand of $174,999. There was no offer.
Specials in Evidence
The plaintiff's claim was for $30,172 to cover the surgeries, an emergency room visit and post-operative care. The defense contested the medical cost claims. Medi-Cal paid the plaintiff's health care providers at a reduced amount. The remainder of the medical specials were written off. Thus, according to the defense, the plaintiff could not recover the full amount. The defense sought $20,672 in reductions under Hanif/Nishihama, reducing the medical specials to $9,500.
Damages
His claim for emotional pain and suffering totaled $150,000.
Injuries
The plaintiff suffered a crush fracture to the knuckle at the base of the index finger in his left hand. He sustained a comminuted fracture of the joint at the base. He had to undergo two surgeries. The first operation was an open reduction internal fixation procedure where two K-wire pins were placed. This was to stabilize the repositioned bone in the index finger. The second surgery was an incision and drainage procedure. This involved removing the displaced K-wire that caused severe pain and swelling. The plaintiff also suffered some residual bony formation in the fractured area. He suffered some skin discoloration, scarring and residual limited range of motion in the left index finger. The plaintiff claimed permanent nerve damage in his left hand. He also alleged to have some numbness in the left hand base. The injury was worsened because he lacked a fully functional left hand as a result of a childhood injury. Thus, his pain and suffering damages were greater than they would be for a person with functional hands. The defense contested the nerve damage claim. It claimed the damage was from a previous wrist fracture that occurred in 1995. It also contested the residual damages claim. The defense's expert hand surgeon opined that the fracture had healed. Thus, future medical treatment was unnecessary. The expert also contended that the plaintiff did not suffer any nerve damage from the incident.
Result
Two months before trial, the defendant settled for $93,500.
Other Information
The case was settled at a mediation before Jack Williams.
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