This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Dangerous Condition
Slip and Fall

Harold Battle v. American Golf Corporation

Published: Jun. 1, 2002 | Result Date: Apr. 3, 2002 | Filing Date: Jan. 1, 1900 |

Case number: GC026152 Verdict –  $38,454

Judge

Jan Pluim

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Robert L. Luty
(Robert L Luty Attorney at Law)


Defendant

Cecille L. Hester
(Hester Law Group APC)

Fredrick James


Experts

Plaintiff

Antoine Roberts
(medical)

Defendant

Jacob E. Tauber M.D.
(medical)

Facts

The plaintiff, age 65, slipped on railroad ties which were damp in the morning, while playing the Brookside Golf
Course in Pasadena. He sustained an ankle sprain.
The plaintiff contended that the ramp was dangerously slippery and unsafe without warning; that the defendant
created the danger by using railroad ties and watering the tee area. The plaintiff further contended that his
ankle condition was permanent and that he suffered residual pain and that had an effect on his golf game.
The defendant denied that it was negligent and argued that the plaintiff was negligent in
being on the ramp and was in a hurry to tee off.

Settlement Discussions

The plaintiff submitted a demand of $30,000. The defendant offered $5,000.

Specials in Evidence

$6,841 $1,400

Other Information

The verdict was $40,478. The plaintiff was found 5 percent negligent so the net verdict was $38,454.

Deliberation

four hours

Poll

11-1 (liability), 11-1 (damages)

Length

four days


#97576

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390