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Personal Injury
Premises Liability
Slip and Fall

Tim Arnold, Clarendon Insurance v. Kinder Morgan Energy Partners

Published: Oct. 7, 2003 | Result Date: Apr. 23, 2003 | Filing Date: Jan. 1, 1900 |

Case number: SSVSS72049 Bench Decision –  $0

Judge

W. Robert Fawke

Court

San Bernardino Superior


Attorneys

Plaintiff

Norman G. Fernandez


Defendant

Patricia G. Ryan


Experts

Plaintiff

Lisa Thompson
(medical)

Norman Sakai
(medical)

Facts

On Nov. 3, 1999, plaintiff Tim Arnold, 28, was in the course and scope of his employment as a truck driver for Fleet Fuels when he was filling the storage tanks of his truck at defendant, Kinder Morgan's fueling center. The plaintiff claimed that while the tanks were being filled, he slipped and fell in an oil/gas spill. The plaintiff sued the defendant, alleging causes of action for premises liability and negligence.

Settlement Discussions

The plaintiff demanded $50,000; the defendant made C.C.P. Section 998 offer of waiver of costs.

Specials in Evidence

$20,314 $18,000 $5,000 $5,000

Injuries

The plaintiff claimed to have suffered a spiral fracture to his left leg and ankle with hardware surgically implanted and subsequently removed.

Other Information

Plaintiff-in-intervention, Clarendon Insurance Co., paid $22,000 in temporary and permanent disability benefits.


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