Martha Gail Lynch v. The Splash, a California Limited Partnership dba Wild Rivers, et al.
Published: May 4, 2004 | Result Date: Jul. 22, 2003 | Filing Date: Jan. 1, 1900 |Case number: 02CC12501 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Michael L. Amaro
(Amaro Baldwin LLP)
Experts
Plaintiff
Karl T. Blaufuss
(technical)
Robert L. Duey
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
The plaintiff, a 51-year-old waitress and real estate person, slipped and fell at Wild Rivers Water Park in Irvine. The plaintiff suffered a fractured patella of her left leg.
Settlement Discussions
The plaintiff demanded $75,000, reduced prior to trial to $30,000; the defendant offered $5,000 just before trial.
Specials in Evidence
$18,000 ($6,000 for the incident and $12,000 for the December 2001 fall. $28,000 (one year)
Injuries
The plaintiff suffered a fractured patella. Also, in December 2001, the plaintiff was involved in another fall in South Carolina wherein she fractured her elbow, which required surgical repair. The plaintiff claimed that the fall was due to her residual knee weakness.
Other Information
The plaintiff did not file a notice of appeal, and the defendant is pursuing post-judgment collection proceedings as to the plaintiff.
Deliberation
three hours
Poll
9-3
Length
six days
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