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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

William Baumann v. Rim of the World USD

Published: Apr. 30, 1994 | Result Date: Mar. 30, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 273215 –  $0

Judge

Duane M. Lloyd

Court

San Bernardino Superior


Attorneys

Plaintiff

Timothy J. Corcoran


Defendant

Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)


Experts

Plaintiff

Harry J. Krueper Jr.
(technical)

Defendant

Gary Wanke
(technical)

Facts

On December 20, 1991, Plaintiff, a 40-year-old disabled male, slipped and fell on ice in the parking lot of Defendant school premises. He was visiting the school to view his daughter's Christmas program at the time.

Settlement Discussions

Defendant contends they made no offers and Plaintiff demanded $35,000 with an indication that less would be acceptable. Plaintiff contends their demand, at the settlement conference was $15,000 and Defendant made no offer.

Specials in Evidence

$25,000 $50,000

Injuries

Comminuted fracture of the leg requiring closed reduction and possible future hip and knee replacements; Plaintiff further developed an embolism.

Other Information

The parties agreed to gross damages of $75,000 if liability was found, which could be reduced proportionately by Plaintiff's conduct.

Deliberation

15 minutes

Poll

10-2 on the issue of dangerous condition

Length

5 days


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