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Personal Injury
Premises Liability
Negligent Maintenance

Jennifer Giordano, Riccardo Giordano v. CC’s Pierce Street Manor, LLC and Doe 1 through Doe 50

Published: May 26, 2012 | Result Date: Oct. 5, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CGC-10-495999 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Christopher J. Hayes

Philip Borowsky
(Borowsky & Hayes LLP)


Defendant

Mark R. Mittelman


Experts

Plaintiff

John P. Belzer
(medical)

Christopher Wong
(medical)

Kenneth Nemire Ph.D., C.PE
(technical)

Facts

Jennifer Giordano was attending a party at a bar, CC's Pierce Street Manor, on May 22, 2009 when she tripped and fell over an extension cord used for a projector.

Contentions

PLAINTIFF'S CONTENTIONS:
Giordano filed suit against CC's, alleging negligent maintenance and premises liability. She contended that the cord was a dangerous condition supplied by the bar's bartenders.

DEFENDANT'S CONTENTIONS:
CC's contended that the cord was supplied, and placed, by one of the patron's hosting the party who was Giordano's friend.

Damages

Giordano sought $48,689 (stipulated) in medical expenses.

Injuries

Giordano's injuries included a pronation external type injury type 4 resulting in a fracture of the right fibula in the mid shaft, a fracture of the right tibia, trimalleoar fracture of the right ankle and rupture of the right deltoid ligament. To treat these injuries, Giordano underwent surgery and months of home care and claims she has substantial residual damage.

Result

The jury rendered a verdict for the defense.

Other Information

Plaintiffs submitted a motion for new trial. The motion for new trial was based on alleged juror misconduct. The motion for new trial was denied. An appeal is pending.

Poll

10-2 (in favor of plaintiffs on the issue of defendant's negligence), 11-1 (as to whether the negligence was the cause of damages)


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