Saleh Helaiga v. Mohamed Mohamed
Published: Aug. 29, 2009 | Result Date: May 7, 2009 | Filing Date: Jan. 1, 1900 |Case number: WG07319933 Bench Decision – $2,500
Facts
On May 30, 2005, Saleh Helaiqa fractured his thumb when he opened a gate in the apartment building in which he lived in Oakland. Helaiqa sued the owner of the building, Mohamed Mohamed, for premises liability.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the gate's sliding section came off its track trapping his hand in the gate. Plaintiff claimed the gate contained defects, which caused his injury.
DEFENDANT'S CONTENTIONS:
The defense denied the plaintiff's allegations regarding the gate's defectiveness and cross-complained for unpaid rent and damage to the apartment.
Damages
Helaiqa sought over $2,000 in medical expenses and pain and suffering.
Injuries
The plaintiff alleged he suffered a fractured thumb, to which he underwent hospital treatment. The defendant claimed the treatment was unnecessary and disputed plaintiff was injured.
Result
The court awarded the plaintiff $2,500 and ruled against Mohamed on his cross-complaint.
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