Elaine Arrison v. Inthone Vankham aka Anthony McNally et al.
Published: Apr. 12, 1997 | Result Date: Mar. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: SM94576 – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry J. Ross
(medical)
John D. Steichen
(medical)
Defendant
Mark Allen Gomez
(technical)
David Schierman
(medical)
William Rack
(medical)
Sandra Schaefer
(medical)
Facts
Sometime between Feb. 17 and Feb. 23, 1995, plaintiff Elaine Arrison, a 57-year-old foster care provider, claimed that she tripped and fell due to defective carpeting in the pool room of a residence located at 612 North Lilac in Lompoc. The plaintiff alleged that she fell forward and struck her head on a pool table, causing a subacute subdural hematoma, resulting in a craniotomy being performed on March 3, 1995. The plaintiff had no recollection of the fall due to amnesia, and there were conflicting statements in the medical records as to the cause of her injuries. Two of the plaintiff's grandchildren, ages 11 and 9, respectively, were eye witnesses and testified that the plaintiff came into the pool room sometime in mid to late February carrying a basket of clothes and tripped and fell due to the defective carpeting in the room, stricking her head as alleged above. Numerous witnesses, including the plaintiff's family and friends, also testified that they observed or overhead the plaintiff complaining of a severely bruised knee and severe headaches in mid to late February, which led to her hospitalization on March 3, 1995. The plaintiff alleged shredding of the carpeting was found at the entryway to the pool room which was recorded by Mary Leach of Wiser Properties after the plaintiff moved out of the premises, which was a result of an eviction notice brought by the defendant, although he allegedly knew the plaintiff was brain damaged, in the hospital and unable to pay rent. The plaintiff brought this action against the owner and property management company based on neligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits). Defendant McNally made a C.C.P. º998 offer of compromise for $30,000.
Specials in Evidence
$160,000 $30,000 $160,000 $150,000 - $200,000
Injuries
The plaintiff alleged that she suffered a subacute subdural hematoma, resulting in a craniotomy, resulting in brain damage. The plaintiff claimed severe memory loss, cognitive deficits, and motor loss. The plaintiff also alleged that she was left basically paralyzed on the right side of her body, and due to subsequent falls after March 3, 1995, also suffered herniated discs at the L4 and L5 level of her lumbar spine.
Other Information
The defendant property management company reached a settlement with the plaintiff before trial.
Deliberation
1 hour
Poll
11-0 (1 undecided)
Length
13 days
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