Kristine Asesyan v. Oasis Water Park, et al.
Published: Mar. 11, 1995 | Result Date: Feb. 24, 1995 | Filing Date: Jan. 1, 1900 |Case number: I68136 – $82,000
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Allison Osinski
(technical)
Dennis Norheim
(medical)
Facts
On June 22, 1991, Plaintiff Kristine Asesyan, a 14-year-old student, was a paying customer at Defendant Oasis Water Park. She was moving down one of the water slides when she lost her balance; she fell off the tube, hit her mouth against the side of the slide, and sustained injury.
Settlement Discussions
Plaintiff contends she filed a 998 demand for $29,000 on December 30, 1993, which expired by its terms; Plaintiff's demand before trial was then $50,000; and Defendant offered $500.
Specials in Evidence
$2,000 $25,000
Injuries
Fractured 2 upper front teeth requiring bridgework; residual avulsion of front upper teeth and TMJ complaints requiring future orthoscopic surgery; future permanent teeth replacement will also be necessary.
Other Information
A prior arbitration by Hon. Charles Hughes, retired, resulted in a Plaintiff's award in the amount of $15,639; trial de novo by Defendant. The Court denied assumption of risk instruction, finding that the water park was not inherently dangerous.
Deliberation
1 day
Poll
10-2 damages, 12-0 liability
Length
2 days
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