This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Negligent Maintenance
Slip and Fall

Joyce Dunaway-Sherman v. Unlimited Services Inc.

Published: Jul. 2, 1994 | Result Date: Apr. 28, 1994 | Filing Date: Jan. 1, 1900 |

Case number: YC001559 –  $296,898

Judge

G. William Dunn

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Howard D. Krepack


Defendant

James Grafton Randall
(Messner Reeves LLP)


Experts

Plaintiff

Alfred M. Bloch
(medical)

Martin Vego
(technical)

Raphael Theodore T. Nussdorf
(medical)

James Anastasi
(medical)

Joyce Elaine Pickersgill
(technical)

Defendant

Martin D. Levine
(medical)

A. Jubin Merati Ph.D.
(technical)

Facts

On September 25, 1989, Plaintiff Joyce Dunaway-Sherman, a 49-year-old diamond consultant, arrived at her place of employment, Best Products in Torrance, and slipped and fell on wet wax in the store. The wax had just been applied by an employee of Defendant unlimited Services, Inc.

Settlement Discussions

Plaintiff contends they made a 998 demand in the amount of $299,999 and Defendants made no offers.

Specials in Evidence

$18,244 (not presented to the jury) $165,982 $305,491 $50,000 (not presented to the jury)

Injuries

Herniated disc at C5-6 requiring epidural injections, physical therapy, and future anterior cervical discectomy at C5-6, using an iliac crest autogenous fusion.

Other Information

Defendant purchased the $84,000 Workers' comp. lien for $42,500; the Court is to determine offset. The Court instructed on premises liability and the case went to the jury on Proposition 51; non-delegable duty because the owner hired maintenance; therefore no Proposition 51.

Deliberation

2 days

Poll

12-0

Length

9 days


#93561

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390