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Personal Injury
Dangerous Condition
Negligent Maintenance

Katherine Grigg v. Dennis Taylor

Published: Jul. 16, 2005 | Result Date: Apr. 6, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SCV16378 Verdict –  $0

Judge

Jeffrey Penney

Court

Placer Superior


Attorneys

Plaintiff

Eric L. Sayre

Lara Shapiro


Defendant

Brett E. Rosenthal


Experts

Plaintiff

Robert Props
(technical)

Defendant

Fred Lowe
(technical)

Facts

On Nov. 7, 2002, a rainy and windy night, Katherine Grigg was driving on Mt. Pleasant Road. Dennis Taylor owned several acres of land that abutted Mt. Pleasant Road. On his property were at least 50 oak trees, some of which had split trunks. During the storm, one of the trees with a split trunk fell and blocked the road. Grigg approached and stopped her vehicle at the fallen tree. Another vehicle approached and stopped. Grigg and the driver of that vehicle discussed ways of getting around the fallen tree. At that point, the wind caused the half-standing tree to fall, crushing the man and knocking over Grigg. The man suffered serious injuries requiring him to be hospitalized for 30 days. Grigg suffered less serious injuries. Grigg sued Taylor for negligence. The other driver did not sue Taylor.

Settlement Discussions

The plaintiff demanded $125,000 and the defendant offered $20,000 (C.C.P. Section 998).

Specials in Evidence

$7,500

Damages

Punitive damages for conscious disregard of a danger. Past and future pain and suffering.

Injuries

The plaintiff claimed injuries consisting of minor abrasions to her ankle and arms. She also suffered soft-tissue injuries to her neck and back.

Result

Defense

Other Information

Motions for new trial and judgment notwithstanding the verdict are pending.

Deliberation

30 minutes

Poll

12-0, 11-1

Length

three days


#93612

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