Gloria Hernandez v. California Hyatt Corporation
Published: Jun. 21, 1997 | Result Date: Mar. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: 692122SD – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Christopher A. Villasenor
(Law Offices of Christopher A. Villasenor)
Defendant
Michael S. Dea
(Law Offices of Dea & Dea)
Experts
Plaintiff
Steven J. Nagelberg M.D.
(medical)
James McGrath
(technical)
Defendant
Peter J. Zande
(technical)
Facts
On Sept. 4, 1994, plaintiff Gloria Hernandez, a 38-year-old seamstress, was a guest at Room 316 of defendant Hyatt Corporation's Hyatt Islandia hotel in San Diego. The plaintiff was wearing rubber-soled shoes. She stepped off the carpet and onto the ceramic tile floor in the entry way, on her way to the bathroom, when her right foot slipped out from underneath her and she fell. The defendant claimed the floor was clean and dry. 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 $275,000. The defendant made no settlement offers.
Specials in Evidence
$15,738 $32,760 $12,000 $28,000
Damages
The plaintiff claimed she missed over a year of work as a seamstress. The plaintiff also claimed $200,000 in general damages.
Injuries
The plaintiff claimed she suffered injuries to her neck, lower-back, right elbow and right knee from the fall, requiring treatment with an orthopedic surgeon, physical therapy and a tens unit. The plaintiff also treated with a chiropractor and an acupuncturist. The plaintiff claimed the treating orthopedic surgeon recommended fusion surgery. The plaintiff also claimed she continues to suffer from chronic lower-back pain.
Other Information
The verdict was reached approximately one year and six months after the case was filed. An arbitration was held on April 29, 1996 before Steve Kastner resulting in a defense award. EXPERT TESTIMONY: Plaintiff's expert Dr. McGrath conducted slip resistance test on the tile floor and testified that he found the coefficient of friction to be .45. Dr. McGrath testified that the minimum coefficient of friction for a safe walking surface is .50 or above and that anything less than .50 is substandard and unsafe. Dr. McGrath also testified that the tile floor was unsafe and was the cause of the plaintiff's slip and fall, and recommended acid etching or use of wax to increase the slip resistance of the tile floor. Defense expert Peter Zande conducted slip-resistance tests on the same tile floor and testified that his results ranged from .53 to .56. He also testified that the industry standard for a slip-resistant floor is .50, and that a reading above .50 classifies the tile floor as slip-resistant.
Deliberation
40 minutes
Poll
12-0
Length
4 days
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