Thomas Ward v. Ramada Inn, Oakdale
Published: May 11, 2004 | Result Date: Mar. 15, 2004 | Filing Date: Jan. 1, 1900 |Case number: 306819 Verdict – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Richard E. Morton
(Haight, Brown & Bonesteel LLP)
Experts
Plaintiff
Ted M. Kobayashi
(technical)
Defendant
Dean B. Tuft
(technical)
Facts
On March 28, 2001, the plaintiff was a guest at The Ramada Inn, Oakdale. The plaintiff alleged that he stepped into the tub and when he started to place his other foot into the tub, he slipped and fell out of the tub. The plaintiff alleged in his deposition that he had not yet turned the water on. Later, the plaintiff's expert opined that the water must have been turned on and opined that he felt that the plaintiff was mistaken about the water. He based this upon hotel employees who were summoned to the room about one hour after the incident. These witnesses said in deposition that the plaintiff's hair was wet. At trial, the plaintiff's expert opined that the tub had built up a soap scum, that, when combined with water, caused a slippery tub.
Settlement Discussions
The plaintiff demanded $350,000; the defendant offered C.C.P. Section 998 for $87,500.
Injuries
Ruptured discs in the neck which required surgery.
Other Information
The case was bifurcated and tried on liability. The case was tried in August 2003 and a motion for mistrial was granted for comments by the plaintiff's counsel during closing arguments.
Deliberation
35 minutes
Poll
12-0 (negligence)
Length
nine days
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