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
Defendant
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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