Dantagnon v. City of Burbank
Published: Jan. 11, 2001 | Result Date: Oct. 19, 2000 | Filing Date: Jan. 1, 1900 |Case number: EC027276 Verdict – $508,762
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Mark D. Apelian
(Bryman & Apelian)
Defendant
Experts
Plaintiff
John Larsen
(medical)
H. Harvey H. Cohen
(technical)
Defendant
Richard C. Rosenberg M.D.
(medical)
Mark S. Sanders Ph.D.
(technical)
Facts
On Dec. 8, 1998, the plaintiff, a 78-year-old woman, tripped and fell from a depression in the sidewalk, located
in her residential neighborhood in the City of Burbank. Prior to the plaintiffÆs fall, the plaintiff and others had
complained that the sidewalk area in question was uneven and in a state of disrepair.
Settlement Discussions
The plaintiffÆs demand one week before trial was $85,000. The defendant offered $15,000.
Specials in Evidence
$5,326 $52,327.50
Injuries
The plaintiff sustained a fractured right shoulder, rib and right middle finger.
Other Information
<E>The plaintiffÆs orthopedic surgeon testified that the plaintiff was a candidate for surgery to repair both her shoulder and her finger. The defendantÆs medical expert testified that the plaintiff was not a candidate for shoulder surgery, and that the plaintiff fractured neither her finger nor her rib.</E> <P>The defendantÆs motion for a new trial and remittitur were both denied.</P> During trial, the court granted the plaintiffÆs motion to prevent the defendantÆs human factors expert from testifying that the plaintiff should have exercised anything beyond "reasonable" care and further prevented said expert from using photographs of the subject area, which were taken post-repair. The jury awarded $508,762.50, and this verdict was reduced by the juryÆs finding that the plaintiff was 30 percent at fault.
Deliberation
four hours
Poll
12-0 (liability); 9-3 (damages)
Length
five days
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