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Personal Injury
Premises Liability
Dangerous Condition/Failure to Warn

Gabrielle Solomon v. Bay Area Arborist Cooperative

Published: Dec. 1, 2007 | Result Date: Aug. 14, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 06-455912 Settlement –  $135,000

Court

San Francisco Superior


Attorneys

Plaintiff

Sally L. Morin


Defendant

Donald K. Bussiere


Experts

Plaintiff

Robert Burri
(medical)

Defendant

James D. Kelly
(Law Office of James D. Kelly) (medical)

Facts

Gabrielle Solomon ran to avoid a large branch rolling down a steep incline straight toward her. The branch fell from the top of a large pine being pruned by workers from the Bay Area Arborist Cooperative. Solomon tripped on some gravel and fell on her shoulder. She sued the Bay Area Cooperative for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's cut branch tumbled down the hill, placing plaintiff in peril. She suffered injuries trying to avoid the danger.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff neglected to inform the workers she was gardening below. It later withdrew the argument and conceded liability.

Injuries

The plaintiff suffered a rotator cuff injury.

Result

The defendant paid plaintiff $135,000 in a mediated settlement.


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