Mena v. Regents of University of California
Published: Feb. 16, 2002 | Result Date: Dec. 10, 2001 | Filing Date: Jan. 1, 1900 |Case number: 00CC14940 Verdict – $330,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Calvin C. Schneider III
(Schneider Law Offices)
Defendant
Charles W. Matheis Jr.
(Federal Express Corp.)
Experts
Plaintiff
Jay William Preston
(technical)
Richard L. Mulvania
(medical)
Jeffrey A. Fisher
(medical)
Defendant
Michael J. Einbund M.D.
(medical)
Barry D. Pressman M.D.
(medical)
Facts
The plaintiff was a student at the University of California at Irvine. On Jan. 21, 1999, he slipped and fell on bird
droppings located on the first stair in the stairwell of the Computer Science and Engineering Building.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $30,000. The defendant offered made a C.C.P. Section 998 of $20,000. At trial, the plaintiff demanded $50,000, which was subsequently lowered to $30,000 during the trial. The defendant offered $10,000 during trial.
Specials in Evidence
$6,500 $5,000 - $225,000 (if plaintiff had permanent nerve damage)
Injuries
The plaintiff alleged soft tissue injuries and some nerve damage at L4 and L5 as indicated by his abnormal EMG/nerve conduction test in April 2000. The plaintiffÆs MRIs on neck and back were normal.
Other Information
The award was $330,000 gross: $280,500 net plus $18,810 costs and interest at the rate of 7 percent per annum. <P>The defendant has filed a motion for a new trial and judgment notwithstanding the verdict.</P>
Deliberation
9.5 hours
Poll
12-0 (dangerous condition), 11-1 (causation), 10-2 (reasonably foreseeable), 10-2 (negligence), 11-1 (notice), 10-2 (economic damages), 11-1 (non-economic damages), 9-3 (comparative negligence)
Length
nine days
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