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
Philip Borowsky
(Borowsky & Hayes LLP)
Defendant
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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