Florepes Carmen Paredes v. Disabled Veterans Charities
Published: Apr. 7, 2012 | Result Date: Jan. 20, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1013479 Settlement – $155,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Brian K. Brandt
(Law Offices of Brian K. Brandt)
Defendant
Joseph O. Fitzgerald
(Macdonald & Cody LLP)
Facts
On Sept. 5, 2010, Florepes Paredes visited the Disabled Veteran's Charities store in San Bernardino, and fell in the parking lot. She suffered injuries and filed a lawsuit against the store, alleging premises liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that there was a depression in the parking lot, which defendant did not fix or maintain in a proper manner, thereby causing a dangerous condition.
DEFENDANT'S CONTENTIONS:
Defendant argued that the condition was open and notorious, and that plaintiff failed to pay attention when walking.
Settlement Discussions
Plaintiff demanded $450,000 (according to the defense).
Damages
Paredes sought $32,000 in medical costs.
Injuries
Plaintiff suffered a malleolus fracture, and metatarsal fracture.
Result
The parties settled for $155,000.
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