Francis James v. St. Francis Lakeside Homeowners Association and Lakeside Management, Inc.
Published: Dec. 20, 1997 | Result Date: Nov. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV747589 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Harry Smith
(medical)
John Rollins
(medical)
Harmeet Sachdev
(medical)
J. Michael Stephenson
(technical)
Facts
On July 14, 1993, at 11:30 a.m., plaintiff Francis James, a 49-year-old homemaker, rode her bicycle into defendant St. Francis Lakeside's condo complex at Lake Tahoe. When her bicycle struck a portable speed bump, plaintiff fell forward, landing on her head and face. The bicycle's front wheel with quick release mechanism was found detached after the accident. The plaintiff brought this action against defendant homeowners association and the property management company based on negligence and premises liability theories of recovery and against the manufacturer of the speed bump for product liability.
Settlement Discussions
The plaintiff made a settlement demand of $75,000. The defendant's highest offer of compromise was $50,000.
Specials in Evidence
$65,000
Damages
Plaintiff attorney asked the jury to award $356,000.
Injuries
The plaintiff suffered two fractures in cervical vertebrae; a deviated septum in her nose corrected by surgery; chondromalacia in her knee requiring surgery; laceration on face; multiple contusions and abrasions; and permanent pain and limitation of neck motion.
Other Information
The verdict was reached approximately three years and five months after the case was filed. An arbitration was held May 10, 1996, before Robert Morgan, Esq. of San Jose resulting in an award to plaintiff of $150,000. Defendants requested a trial de novo. The manufacturer of the speed bump settled with plaintiff after the arbitration for $4,500. Although initially divided six to six, after deliberating one full day, nine jurors concluded that the absence of a warning sign was not negligence even though such a sign may have been a good idea. The court admitted defendants' homemade short videotape which demonstrated that a bicycle could not make the bump move. EXPERT TESTIMONY: Plaintiff's expert, J. Michael Stephensen, an engineer, testified at trial that the accident happened because the speed bump was not conspicuously marked and no warning was given of its presence.
Deliberation
one day
Poll
9-3
Length
six days
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