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Torts
Premises Liability
Negligent Repair and Maintenance

Marc Smoot v. Marriott Hotels & Resorts

Published: Mar. 6, 2010 | Result Date: Apr. 9, 2009 | Filing Date: Jan. 1, 1900 |

Case number: YC055184 Verdict –  $92,205

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Paul R. Markley
(Law Office of Paul R. Markley)


Defendant

Robert L. Reisinger
(Ford, Walker, Haggerty & Behar LLP)

Paul J. Christensen


Facts

On June 1, 2005, plaintiff Marc Smoot was struck in the head by a golf ball while he was on his employer's back lot, located at 1570-C Rosencrans Avenue in Manhattan Beach California. The golf ball came from the defendant Marriott Hotels & Resorts' property.

Contentions

PLAINTIFF'S CONTENTIONS:
Smoot contended that the accident was a result of Marriott's fencing that was in a state of disrepair.

Injuries

Smoot claimed he suffered head and neck pain, headaches, difficulty sleeping, loss of libido, and anxiety.

Result

The jury found Smoot 60 percent at fault and Marriott 40 percent at fault, awarding $2,205 for past economic damages, $9,000 for past non-economic loss, and $3,275 in costs.

Other Information

FILING DATE: May 7, 2007.


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