Phyllis Sawtelle v. Dameron Hospital Association
Published: Feb. 6, 1999 | Result Date: Oct. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV001736 Verdict – $99,078
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Scott L. Johnson
(Matiasic & Johnson LLP)
Defendant
Experts
Plaintiff
Michael Tatoyan
(technical)
Kimberly Hawthorne
(technical)
Defendant
William R. Neuman
(technical)
Facts
On Feb. 19, 1996, the plaintiff, a 79-year-old homemaker, took her developmentally disabled son to the defendant hospital for emergency treatment of a broken wrist. After checking in at the front reception desk, the plaintiff slipped and fell on the wet lobby floor. The plaintiff brought this action based upon theories of negligence and premises liability.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for a waiver of defense costs.
Injuries
The plaintiff sustained a fractured left hip requiring open reduction and internal fixation with pins and screws. The plaintiff also suffered a facial laceration which required approximately 10 to 15 stiches.
Other Information
An arbitration resulted in an $85,000 award for the plaintiff, plus an award of costs. The defendant requested a trial de novo.
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