Roma Tripp v. Norman Nieratko
Published: Jul. 15, 2000 | Result Date: Apr. 27, 2000 | Filing Date: Jan. 1, 1900 |Case number: 730480 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Cassandra C. Thorson
(Law Office of Cassandra C. Thorson)
Defendant
David B. Holnagel
(Law Office of David B. Holnagel)
Experts
Plaintiff
Steven E. Horowitz
(medical)
Guy McGowan
(technical)
Defendant
John Cleary
(medical)
Thomas R. Dorsey
(medical)
Facts
Plaintiff claimed that on May 6, 1998, while at her rental residence, one of four springs on her garage door broke
causing the garage door to fall. It hit her head, injuring her neck, head, shoulders, arms, back and legs, as well
as causing emotional distress. The owner of the rental home defendant Norman Nieratko.
The plaintiff claimed that she gave a notice of problems with the garage door, but admitted that she never
provided notice of problems with the garage door spring. She further contended that the defendant failed to
inspect or repair the door properly.
The defendant admitted that he was the owner of the premises but denied that a broken spring caused the
plaintiffÆs injury. The defendant denied that he was given any notice of any problems with the garage door
spring and contended that the plaintiffÆs medical expenses are neither reasonable nor necessary.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $150,000 and $200,000 during closing arguments. The plaintiffÆs C.C.P. Section 998 demand reduced to $37,999.99 on March 28, 2000. The defendant offered $10,000.
Specials in Evidence
$12,000 $32,000 $1,000 (per year for life)
Result
Please provide the expertise of Guy McGowan ______________, Thomas Dorsey ______________, Steven Horowitz _________________, John Cleary _______________
Deliberation
two hours
Poll
9-3
Length
four days
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