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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Kathleen Negrete v. Len Richan

Published: Jul. 2, 1994 | Result Date: Jun. 20, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 695558 –  $0

Judge

James L. Brooks

Court

Orange Superior


Attorneys

Plaintiff

Russell Hlywa


Defendant

Walter H. Root


Experts

Plaintiff

Gerald Cara
(medical)

Defendant

Richard N. Selby
(medical)

Facts

On March 1, 1992 (per Plaintiff), Plaintiff Kathleen Negrete, a 33-year-old real estate salesperson, contended she tripped and fell over a raised board separating the concrete slabs in Defendant's driveway, sustaining a dislocated shoulder. Plaintiff Negrete further contended that the accident occurred after a basketball game with her children. Plaintiff Negrete rented property from Defendant Len Richan. Defendant Richan contended that on March 7, 1992, Plaintiff Negrete reinjured her shoulder during the basketball game, and fabricated her account of the accident 4 months later in retaliation against Defendant for attempts to collect unpaid rent. Defendant further contended that Plaintiff Negrete suffered several prior injuries to her shoulder and experienced the aftereffects of an unsuccessful prior surgery on the same shoulder in 1985.

Settlement Discussions

Defendant contends they made no offers prior to trial and Plaintiff made a 998 demand prior to trial; Defendant offered $15,000 during jury deliberations.

Specials in Evidence

$12,864 not claimed unspecified

Injuries

Dislocated right shoulder requiring reconstructive surgery; headaches; and neck pain.

Other Information

A prior arbitration resulted in a Plaintiff's award of $65,000; trial de novo by Defendant.

Deliberation

1 day

Poll

10-2

Length

3 days


#93580

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