Petra Bach v. Universal City Studios, Inc.
Published: Jun. 28, 1997 | Result Date: Jun. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC123244 Verdict – $70,000
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas L. Harris Jr.
(medical)
Defendant
S. Andrew Schwartz M.D.
(medical)
Facts
On March 7, 1994, plaintiff Petra Bach, a 34-year-old automated-dialogue-replacement supervisor in the motion picture and television industry, was employed by an independent sound-editing company renting offices in a building on the lot at the defendant Universal City Studios. On March 7, 1994, at 6 p.m., the plaintiff was walking down a hallway in the building when she slipped and fell in a six-foot puddle of liquid adjacent to a men's rest room. The plaintiff claimed her co-worker had complained to Universal's building manager about an overflowing urinal in the rest room within a week prior to the accident and the building manager had assured him that he would "take care of it." The defendant's building manager claimed he received no such complaint and was unaware of any plumbing problem in the rest room, but admitted making no written record of any maintenance complaints from tenants. The building manager also admitted that his wife gave birth to their first child on the day of the accident. Another of the defendant's building managers testified that he was unaware of any complaint about plumbing problems in the rest room, but admitted that his custom and practice was to record any maintenance complaints from tenants in writing. The defendant's plumber testified that the restroom had no history of any plumbing problems before or repairs made after the accident. The plaintiff's employer, whose office was within 20 feet of the restroom testified that he used the restroom two to three times everyday and walked by the area numerous times every day and he never observed water on the floor or an overflowing urinal. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000 raised to $100,000 at trial. The defendant made a settlement offer of $18,500, raised to $75,000 after the liability phase of the trial.
Specials in Evidence
$6,529 (bifurcated) $__________ $__________ $30,000 (laminectomy)
Damages
The plaintiff asked for $1.5 million at trial.
Injuries
The plaintiff claimed she suffered a bone contusion on her knee, exacerbated by prior Osgood-Schlatter's disease and a herniated lower-lumbar disc at L5-S1, requiring a laminectomy. The defendant claimed the plaintiff suffered from a degenerative lower-back injury prior to the accident and had a 10-year history of lower-back treatment by various chiropractors, confirmed by 1991 x-rays of a narrowed disc space at L5-S1. The defendant also claimed the plaintiff underwent sporadic treatment after the accident and experienced no radicular symptoms until 18 months after the accident.
Other Information
The verdict was reached approximately two years and one month after the case was filed. An arbitration was held before Dennis Marconi, Esq., resulting in an $18,500 award. The plaintiff requested a trial de novo. Per the defense counsel, the jury did not believe the plaintiff sustained herniation as claimed, and the verdict included a 40 percent contingency fee for plaintiff's counsel.
Deliberation
3 hours
Poll
___________ (#s pls.)
Length
6 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390