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Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Nancy Sinutko v. Oxnard Recovery Homes, Inc.

Published: Apr. 12, 1997 | Result Date: Mar. 21, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CIV163176 –  $0

Court

Ventura Superior


Attorneys

Plaintiff

Howard Daniels-Stock


Defendant

William S. Yee


Experts

Plaintiff

Courtney Hunt
(technical)

James D. Mays
(medical)

Defendant

Robert A. Grant
(medical)

Facts

On April 10, 1995, plaintiff Nancy Sinutko, a 47-year-old unemployed woman, was playing volleyball on premises leased by defendant Oxnard Recovery Homes, when she fell and broke her ankle. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $35,000 at trial. At trial, the defendant made a settlement offer of $15,000.

Specials in Evidence

$16,000 in excess of $5,000 in excess of $3,000 $4,000 to $10,000

Damages

The plaintiff requested $221,000 in general damages and $33,000 in special damages.

Injuries

The plaintiff alleged she sustained a trimalleolar fracture of the right ankle requiring open reduction with internal fixation.

Other Information

The verdict was reached approximately one year after the case was filed. An arbitration was held on Feb. 6, 1997 before Marcia Kraft resulting in an award of $64,244. The defendant requested a trial de novo.

Deliberation

3+ hours

Poll

11-1 (assumption of risk)

Length

7 days


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