Jackijean Kay v. Equity Office Properties, Inc., Standard Parking Corporation of California
Published: Jul. 20, 1996 | Result Date: May 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC127552 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gregory B. Byberg
(The Law Office of Gregory B. Byberg)
Defendant
Experts
Plaintiff
Peter Bardwick
(medical)
Defendant
P. Douglas Kiester M.D.
(medical)
Facts
On June 1, 1994, the plaintiff, Jackijean Kay, a 49-year-old paralegal, parked her car in the parking garage of her place of employment. As she was walking to the elevator lobby, she passed through an emply parking stall and suddenly lost her footing. She fell heavily onto her left side, twisting her right ankle and bruising her knees and elbow. The plaintiff claimed that she momentarily lost consciousness. When she regained consciousness, there were two parking attendants standing near her. The plaintiff rubbed her finger in the area wher she had lost her footing and a gritty, waxy, gray substance allegedly adhered to her fingers. She claimed that she later saw this substance all over her clothing and on the portions of her body which came into contact with the floor. The plaintiff also claimed that before she left the parking garage she elicited promises from the two parking attendants that they would cone off the area but not clean up the substance which was on the floor. The plaintiff brought this action against the defendants, the office building and the parking garage owner/manager, based on dangerous condition, negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $90,000. The defendants made no settlement offers.
Specials in Evidence
$7,700 $500 none none
Injuries
The plaintiff alleged she sustained a sprained ankle, a sprained lumbosacral spine and bruises, requiring physical therapy, analgesics and anti-inflammatory medication. The plaintiff also alleged that her injuries resulted in arthritis, reflex sympathetic dystrophy/causalgia syndrome and fibromyalgia to her right foot. The plaintiff also alleged that she completely curtailed her former recreational pursuits of walking and bicycling as a result of the accident.
Other Information
The verdict was reached approximately one year after the case was filed. A mediation was held on Jan. 14, 1996, before Alan J. Gradwohl of Federman, Gridley & Gradwohl. It did not resolve the matter.
Deliberation
1+ hours
Poll
11-1
Length
8 days
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