This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Slip and Fall

Jane Doe v. Roe Property Owner

Published: Jun. 1, 2013 | Result Date: Feb. 6, 2013 | Filing Date: Jan. 1, 1900 |

Settlement –  $222,832

Court

L.A. Superior


Attorneys

Plaintiff

Andrew C. Bryman
(Bryman & Apelian)


Defendant

Ann C. Hall

Richard Charles Gagliano


Experts

Plaintiff

Russell W. Nelson M.D.
(medical)

Jacob E. Tauber M.D.
(medical)

S. Daniel Golshani
(medical)

Brad P. Avrit P.E.
(technical)

Mark C. Rothman
(medical)

H. Ronald Fisk M.D., Ph.D.
(medical)

Defendant

Mark Liker
(medical)

Sandra Schneider
(technical)

Ned Wolfe M.E.
(technical)

John Crues III, M.D.
(medical)

Geoffrey M. Miller M.D.
(medical)

Facts

On Dec. 21, 2010, plaintiff Jane Doe, 51, was leaving defendant's office. It was a rainy and windy day. Due to the rain and winds, the leaves, flower petals and dirt (which created mud) from the plants had blown onto the steps. As plaintiff walked down the steps, she fell down on the steps.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant property owner owned, operated, controlled and managed the building where the incident occurred. Plaintiff claimed that defendants created a slipping hazard and failed to eliminate that hazardous condition.

DEFENDANT'S CONTENTIONS:
Defendants disputed liability and that nature and extent of plaintiff's injuries. Defendants claimed there was no debris on the steps.

Settlement Discussions

Plaintiff demanded $675,000 ($75,000 for loss of consortium claim).

Specials in Evidence

$90,000 $53,000

Injuries

Plaintiff sustained injuries to her elbow, pelvis, left hip and lower back, requiring surgical intervention to her elbow and a series of epidural injections to her lower back.

Result

The case settled for $222,832.

Other Information

MEDIATOR: Janet Rubin Fields, Esq.


#87924

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390