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Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Joseph DiBello v. Naum Sheckhter, et al.

Published: Apr. 12, 1997 | Result Date: Nov. 8, 1996 | Filing Date: Jan. 1, 1900 |

Case number: PC007710 –  $192,441

Judge

William A. MacLaughlin

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Randolph M. Hammock
(Los Angeles County Superior Court)


Defendant

Leonard P. Janner


Experts

Plaintiff

Richard C. Rosenberg M.D.
(medical)

John R. Brault M.S.
(technical)

Defendant

Chadwick E. Smith
(medical)

Robin T. Harrison
(technical)

Facts

On Oct. 4, 1992, plaintiff Joseph DiBello, a 21-year-old dancer/actor, was lifting weights at the defendant apartment complex weightroom. A large mirror was leaning against the wall (detached). The mirror fell and struck the plaintiff on the back. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $600,000, with indications of $200,000.

Specials in Evidence

$71,000

Injuries

The plaintiff claimed spondolythesis, requiring in back fusion surgery.

Other Information

An arbitration was held before Joseph Nicassio resulting in an award of $123,678. The plaintiff requested a trial de novo.

Deliberation

1 day

Poll

12-0 (liability); 10-2 (damages)

Length

6 days


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