Nelson v. Faulkerson, et al.
Published: Oct. 7, 2000 | Result Date: May 18, 2000 | Filing Date: Jan. 1, 1900 |Case number: 410185 Verdict – $115,254
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Lynne L. Bentley
(Law Offices of John A. Hauser)
Jeffrey F. Oneal
(LaMore, Brazier & Oneal)
Experts
Plaintiff
Eric Test
(medical)
Defendant
John Rollins
(medical)
Facts
The plaintiff, a 77-year-old retired attorney, claimed that he fell in a hole on defendants' deck left by a firepot which had tilted, exposing a crescent moon shaped hole. The defendants were James Faulerson, Tom Stafford and Coldwell Banker. Defendant Stafford and Coldwell Banker were conducting a broker's tour at the time of the incident. The defendants contended that the plaintiff was responsible for his own injuries and was simply not looking where he was walking. The defendants claimed that the condition was open and obvious.
Settlement Discussions
The plaintiff demanded $115,000. The defendants offered $20,000, with indication of $30,000 by Faulkerson; $20,000 with indication of $30,000 by Stafford and Coldwell Banker.
Specials in Evidence
$7,592 $28,000 (future surgery and related rehabilitation)
Injuries
The plaintiff sustained rotator cuff tear of left shoulder.
Deliberation
two hours
Poll
11-1
Length
five days
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