Alicia Garces v. Bruce Bernard, Norwich Management Inc.
Published: Jun. 29, 2002 | Result Date: May 1, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC244614 Verdict – $1,100,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Maro Burunsuzyan
(Law Offices of Maro Burunsuzyan)
Defendant
Facts
The plaintiff, a 54-year-old hairdresserÆs assistant, sustained a broken right elbow as a result of a slip and fall
incident in the defendantsÆ laundry room on Oct. 17, 2000. The plaintiff later developed reflex sympathetic
dystrophy (RSD), a nerve injury.
The plaintiff maintained that the defendants knew that another tenant habitually washed her clothes on top of
the washing machines, thus causing soapy water to get on the floor. Although on the date of the subject
incident, it was unknown whether or not the other tenant had been in the laundry room, the plaintiff argued that
it did not matter since the floor was slippery and anyone could have spilled water and created a dangerous
condition.
The defendants argued that they had applied silica sand to the paint on the floor and therefore the floor could
not have been slippery and that any alleged soapy water on the floor was open and obvious. The defendants,
owner and manager of the complex gave inconsistent testimonies regarding the use of silica sand in the
application of the paint.
The plaintiff argued that the defendants did not use silica sand on the subject laundry room for at least two
years before the incident. The plaintiff further argued that the defendants had notice of the slippery floor but
failed to take preventive measures such as placing mats or frequently applying some type of abrasive material
to the floor.
The defendants, owner and manager, gave inconsistent testimonies regarding notice and also argued that the
plaintiffÆs injuries were not permanent, that she was employable and did not need any future care.
The plaintiff testified that she continued to suffer from pain and discomfort due to the incident and as a result
could not work.
The plaintiffÆs vocational rehabilitation expert testified that the plaintiff was not
employable and that any work she attempted to do after the incident was out of desperation to
pay her bills.
Settlement Discussions
The initial offer of settlement by State Farm Insurance Company was for a waiver of costs. A month prior to trial, $100,000 was offered - which was increased at court referred mediation to $200,000. Then a C.C.P. Section 998 offer of $300,000 was made by State Farm Insurance Company which was later increased to $400,000 one week before the trial. Although the plaintiffÆs C.C.P. Section 998 demand was for $750,000, in settlement discussions with the adjuster days before trial, $500,000 was suggested as the lowest sum the plaintiff would accept.
Specials in Evidence
$119,787 $20,350 $720,739 (present cash value of future medicals and earnings, according to the plaintiff)
Other Information
The plaintiff intends to file motions for costs and interest per C.C.P. Section 998 for a total of approximately $60,000.
Deliberation
two days
Poll
12-0 (liability), 12-0 (causation), 11-1 (economic), 12-0 (non-economic)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390