Naomi Miranda, a minor, by and through her Guardian Ad Litem, Lorrena Gallegos v. County of Orange, Social Services Agency, CalWorks, Orange County Social Services, and Does 1 through 100, inclusive
Published: Dec. 31, 2016 | Result Date: Oct. 18, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00797736-CU-PO-CJC Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Alan K. Nicolette
(Nordstrom Steele Nicolette and Blythe)
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Experts
Plaintiff
Mark E. Krugman
(medical)
Facts
On Nov. 19, 2014, plaintiff Naomi Miranda, 4, filed suit against the County of Orange Social Services Agency, CalWorks, and Orange County Social Services. Plaintiff was injured when a table fell on her in the public area where people fill-out paper work in the lobby.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that table was not secured, wobbly and unstable, plaintiff only touched the table lightly when it overturned and injured her. Plaintiff claimed there was no documentation that the table was secured with screws and brackets to other tables in the Social Services Agency lobby.
DEFENDANT'S CONTENTIONS:
Defendants claimed the table was one of four grouped together and secured in June 2012, the table never separated thereafter. Defendant claimed plaintiff was playing, swinging, and hanging from the table edge, when the small screws and brackets popped off, and the table tipped and overturned. Defendant claimed the table was not a dangerous condition of public property, there was no notice that the table was unsafe or unfit for its purpose with the general public, and the table had been in use for 2.5 years without any complaint or incident.
Settlement Discussions
According to defense, plaintiff demanded $185,000. Defendants offered $0. According to plaintiff, plaintiff's demand was $75,000 not $185,000.
Specials in Evidence
in excess of $1,100 $3,000 to $6,000 (scar revision)
Injuries
Plaintiff suffered a scar on the right temporal area of head, left foot laceration, and a bruise for a couple of weeks. Scar revision and laser treatments would reduce the scar to a thin line.
Result
The jury rendered a verdict for the defense.
Other Information
FILING DATE: July 10, 2015.
Deliberation
20 minutes
Poll
10-2
Length
three days
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