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Personal Injury
Premises Liability
Slip and Fall

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

Derek G. Johnson

Court

Orange Superior


Attorneys

Plaintiff

Thomas P. Aplin


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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