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Personal Injury
Premises Liability
Fall

Debra Levine v. Bohannan Brothers Ready Mix

Published: Nov. 7, 1998 | Result Date: Apr. 27, 1998 | Filing Date: Jan. 1, 1900 |

Case number: LC036462 Verdict –  $0

Judge

Richard A. Adler

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Terrence L. Butler


Defendant

Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)


Experts

Plaintiff

Thomas Gunzler
(technical)

Shiva Drakshani
(medical)

Defendant

Arne Pearson
(technical)

Facts

This lawsuit arose out of a job site accident at Bohannan Brothers Ready Mix in North Hollywood. Plaintiff Debra Levine, a 40-year-old truck driver was employed by a trucking company that hauled gravel and sand to be used in concrete. Since 1981, a grate over the sand and gravel has been in place. The plaintiff was getting out of her truck when she fell between the grate, sustaining injuries. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $200,000 reduced to $50,000. The defendant made an offer of $39,800 (workers' compensation lien).

Specials in Evidence

$16,280 $25,000 $20,000

Injuries

The plaintiff claimed that the accident resulted in permanent lumbar pain and a bruised leg.

Other Information

The verdict was reached approximately two years and one month after the case was filed. POST-TRIAL MOTIONS: The plaintiff's motion for a new trial was denied on June 19, 1998. The defendant submitted a cost bill for $5,200.

Deliberation

five hours

Poll

10-2

Length

seven days


#89641

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