This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

William Peddell v. Exceptional Children's Foundation, a California Corporation and Valverde, Inc., a California Corporation

Published: Feb. 25, 1995 | Result Date: Nov. 23, 1994 | Filing Date: Jan. 1, 1900 |

Case number: LC07805 –  $395,534

Judge

Stephen D. Petersen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Fernando D. Vargas
(Law Offices of Fernando D. Vargas)


Defendant

Thomas B. Wait
(Wait & Hufnagel)

Reed Putnam


Experts

Plaintiff

Donald Rodriguez
(technical)

Jon B. Greenfield M.D.
(medical)

Facts

This case involves a trip and fall incident which occurred on the evening of March 22, 1991, at about 7:00 p.m., at the premises of Defendant Exceptional Children's Foundation which was owned, operated, maintained, and controlled by Defendant Valverde, Inc. The ECF is a non-profit corporation which houses mentally and physically handicapped adults. Plaintiff William Peddell, a 36-year-old general contractor, was walking his dog on the sidewalk in front of Defendant's premises, holding the dog leash in his left hand. As Plaintiff took a step with his left foot, the front of his foot came down on Defendants' grass on a 16-inch-deep hole, which existed immediately adjacent to the sidewalk. Mr. Peddell's left leg went straight down into the hole, causing him to fall forward and to the left in a twisting motion. Defendant California Landscape Maintenance was contractually obligated to landscape and maintain the premises of the ECF from March of 1988 up until the present.

Settlement Discussions

Plaintiff contends his demand was $500,000 reduced to $300,000 before trial; Defendant ECF offered $225,000; Defendant CLM offered $25,000; and ECF was willing to contribute up to $250,000 if CLM contributed $50,000 (CLM was unwilling to offer more than $25,000).

Specials in Evidence

$70,534 not claimed $50,000

Damages

Plaintiff asked the jury to award $700,000. Defendants asked the jury to award $50,000.

Injuries

Grade 3 posterior horn medial and lateral menisci tear, tear of the anterior cruciate ligament, and displaced tibial plateau avulsion fracture requiring 3 surgeries to date and 2 possible future knee surgery.

Other Information

A prior arbitration by Darryl Graver, Esq., resulted in a Plaintiff's award of $190,000; trial de novo by Plaintiff.

Deliberation

1.5 days

Poll

varied

Length

9 days


#86487

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390