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Personal Injury
Premises Liability
Trip and Fall

Karen D. Greenstein v. Barbara Friedman

Published: Nov. 28, 1998 | Result Date: May 26, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 753300 Verdict –  $0

Judge

John A. Flaherty

Court

Santa Clara Superior


Attorneys

Plaintiff

Brian J. McShane


Defendant

L. Theodore Scheley III


Experts

Plaintiff

Richard A. Olson
(technical)

Lawrence M. Oloff
(medical)

Douglas Hanson
(technical)

Defendant

John C. Canestro
(technical)

William Irving
(medical)

Facts

On Nov. 8, 1994, plaintiff Karen D. Greenstein, a 40-year-old special education teacher, was injured when she fell down concrete steps at a defendant Barbara Friedman's residence. The plaintiff and her family were temporarily staying at the defendant's home while waiting for the close of escrow on their new home. The plaintiff had used the steps during daylight hours on approximately four prior occassions without incident. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $140,000. The defendant made a C.C.P. º998 offer of compromise for $15,001.

Specials in Evidence

$25,725 $54,600 $8,000

Injuries

The plaintiff suffered a fractured tooth and lost crown. The plaintiff suffered a fractured great toe, requiring two separate surgical procedures to insert and remove hardware.

Other Information

The verdict was reached approximately ____ years and ____ months after the case was filed. A settlement conference/ arbitration /mediation was held on ____/____/19____ before ________________ (name) of _____________ (affiliation) resulting in ___________ .

Deliberation

40 minutes

Poll

10-2

Length

five days


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