Norma McCormack v. Town & Country Hotel
Published: Apr. 26, 2005 | Result Date: Jan. 26, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC821195 Verdict – $517,934
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Robert J. Francavilla
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)
Defendant
Experts
Plaintiff
Robert D. Tonks
(medical)
Carl A. Beels
(technical)
Defendant
James L. Harris
(technical)
William E. Bowman Jr.
(medical)
Facts
Norma McCormack, a 59-year-old human resources manager, was attending a seminar at the Town & Country Hotel in San Diego. While walking from a parking structure to the hotel's entrance, she tripped and fell over a concrete wheelstop and injured both of her legs. McCormack sued the Town & Country Hotel, alleging premises liability.
Settlement Discussions
The plaintiff demanded $374,999 (C.C.P. Section 998), reduced to $325,000 with an indication of $275,000. The defendant offered $75,000 raised to $225,000.
Specials in Evidence
$76,264 $33,670 $8,000
Damages
$400,000 noneconomic damages
Injuries
The plaintiff's injuries consisted of a left ankle fracture, a right fibula fracture just above the ankle, pain, stiffness, swelling and instability in her ankles.
Result
$517,934
Deliberation
three hours
Poll
9-3 (liability), 9-3 (causation), 10-2 (comparative negligence), 10-2 (damages)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390