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
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Fernando D. Vargas
(Law Offices of Fernando D. Vargas)
Defendant
Thomas B. Wait
(Wait & Hufnagel)
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
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