Tina Marie Anda v. Mark Remer and Diana M. Remer
Published: Jan. 9, 1999 | Result Date: May 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 710604 Arbitration – $0
Arbitrator
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jon E. Peterson
(medical)
Michael D. Crawford
(medical)
Facts
After a night out, plaintiff Tina Marie Anda, a 36-year-old mortgage banking loan specialist, was accompanied home by an acquaintance, Michael Hanson. After arriving at the plaintiff's property, Hanson was informed that plaintiff had left behind her garage door opener, which purportedly provided the only means of entry into the studio apartment that plaintiff was renting from the defendants. The plaintiff therefore requested that Hanson escort her along the side of the house to assist her with entry into her studio apartment. The plaintiff claimed that she and Hanson walked along the side of the house, it was extremely dark, and as Hanson was following behind plaintiff, he heard a loud sound, and he heard plaintiff fall suddenly forward, coming in contact with the ground. Hanson went to assist plaintiff and, at that time, became aware that there was a piece of plywood that was located on the ground which provided a difference in elevation between the walkway and the piece of wood. Hanson testified that he reached down and felt this piece of plywood but he did not actually observe it because it was pitch dark along the side of the house. Hanson also testified that he was not sure whether plaintiff tripped over this piece of plywood. The plaintiff testified that after she fell face first onto the ground, she sat on the ground for a period of time with tears in her eyes. The plaintiff claimed that Hanson walked back to where the plaintiff had tripped and purportedly pointed out the piece of plywood on which the plaintiff had allegedly tripped. The plaintiff testified that despite the fact that it was dark, she could nonetheless see the plywood that Hanson pointed out to her while she was seated on the ground. The plaintiff did not recall specifically looking down at her feet as she was walking along the side of the house and testified that Hanson lifted up the piece of plywood and rested it up against the house. The same piece of plywood had disappeared when plaintiff went to the side of the house later in the day, prior to any conversation with either one of the defendants to inform them of the said incident. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $35,000. The defendant made no offer.
Specials in Evidence
$2,500 $660
Injuries
The plaintiff required mouth and gum surgery, root canals and placement of a dental bridge.
Other Information
The arbitrator's decision was reached approximately one year after the case was filed.
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