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Personal Injury
Premises Liability
Dangerous Condition

Douglas Letourneau v. Marc Zeidler

Published: Oct. 31, 2009 | Result Date: Aug. 18, 2009 | Filing Date: Jan. 1, 1900 |

Case number: YC057821 Verdict –  $20,000

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Rex P. Sofonio
(Sofonio & Associates)

Maribel Ullrich


Defendant

Carla Giudice-Hu
(Stratman & Williams-Abrego)


Facts

On Jan. 4, 2008, Douglas Letourneau, 44, cleaned the ducts of a dryer in Marc Zeidler's residence. Letourneau and Zeidler carried the machine back to its original placed once Letourneau finished cleaning it. Letourneau tripped and fell when they approached a staircase, causing the machine to drop on top of him. Letourneau sued Zeidler, alleging premises liability.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Zeidler was liable because he guided Letourneau toward the staircase while Letourneau walked backward. He claimed that Zeidler failed to warn him of the staircase and did not attempt to stop the machine from falling on him.

DEFENDANT'S CONTENTIONS:
The defense asserted that Letourneau was responsible for his own safety and did not have to assist Zeidler in moving the machine back to its original place.

Settlement Discussions

The plaintiff demanded $7,500 and the defense made no offer.

Damages

The plaintiff sought $12,000 in lost earnings damages, and damages for pain and suffering.

Injuries

The plaintiff suffered a fractured finger, fractured wrist, leg puncture wound, and leg scars.

Result

The jury awarded the plaintiff $20,000.

Other Information

Farmers insured Zeidler.

Deliberation

one hour

Poll

12-0

Length

one day


#87794

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