Patricia Leonhardt v. Tartuffles Restaurant, et al.
Published: Mar. 4, 1995 | Result Date: Jan. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: 713335 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Adrienne D. Cohen
(Law Offices of Adrienne D. Cohen)
Experts
Plaintiff
Robert Beltran
(medical)
Defendant
William P. Klein
(Klein Law Group LLP)
(medical)
Raymond Berke
(medical)
Facts
On July 6, 1992, Plaintiff Patricia Leonhardt, a 31-year-old homemaker, was a customer at Defendant Tartuffles Restaurant. She, her husband, and a sister-in-law went to the restaurant for breakfast after visiting a hospitalized patient at St. Joseph's Hospital in Orange. The Plaintiff ordered rye toast with her meal. The waitress brought a holder which contained 2 jars of jam, to the table. At some point during the meal, Plaintiff alleged that she bit down on something sharp and discovered that there were pieces of glass in the jam which was on her toast. Plaintiff then went to the rest room. Her husband discovered that one of the jars containing the jam had been broken. The Defendant owner of the restaurant was then called to the table where he observed the broken jar and the glass on Plaintiff's toast. Defendant owner instructed Plaintiff's husband to take Plaintiff to the hospital to have her examined. Plaintiff returned to St. Joseph's Hospital and underwent an emergency room examination.
Settlement Discussions
Defendants contend their offer was a 998 in the amount of $1,000 in April of 1994 and increased to $5,999 prior to trial; and Plaintiff made a 998 demand in the amount of $25,000 reduced to $17,500 prior to trial.
Specials in Evidence
$5,919 unknown
Damages
Plaintiff asked the jury to award $50,000 to $75,000 for compensation.
Injuries
Plaintiff claimed esophageal lacerations and scarring, accompanied by ongoing episodes of bleeding and swallowing discomfort, requiring examinations, X rays, esophagoscopy, and laryngoscopy. Plaintiff claimed permanent injury.
Deliberation
1 hour, 5 minutes
Poll
12-0
Length
5 days
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