Dorene Gerber v. The City of San Diego, American Asphalt South, Luzaich Striping Inc dba LSI Road Marking
Published: Jan. 9, 2016 | Result Date: Apr. 21, 2015 | Filing Date: Jan. 1, 1900 |Case number: 37-2013-00043328-CU-PO-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
John C. Carpenter
(Carpenter & Zuckerman LLP)
Deon S. Goldschmidt
(Deon Goldschmidt Attorneys APC)
Defendant
Rudie D. Baldwin
(Amaro Baldwin LLP)
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Ramin Raiszadeh
(medical)
Joaquin A. Anguera
(medical)
Eugene Vanderpol II
(technical)
Defendant
John R. Brault M.S.
(technical)
William P. Klein
(Klein Law Group LLP)
(medical)
Raymond M. Vance M.D.
(medical)
Facts
Dorene Gerber, 72, sued the City of San Diego, American Asphalt South and Luzaich Striping Inc dba LSI Road Marking after she tripped and fell on Kramer Street in San Diego on June 8, 2012. Gerber brought a claim for negligence in creation of a dangerous condition.
Contentions
PLAINTIFF'S CONTENTIONS:
Gerber contended that she fell and injured herself due to a yellow reflective street marker that was partly obscured under her vehicle's bumper. She claimed that the placement of the tab created a dangerous condition. Gerber brought a claim for negligence in creating a dangerous condition.
DEFENDANTS' CONTENTIONS:
Defendants contended that the marker was not present at the time of the fall and that Gerber could not have sustained the injury to her buttocks by falling in the manner that she claimed.
Settlement Discussions
Gerber made a $1 million demand from each defendant. Each defendant made a CCP Section 998 offer of $125,000.
Injuries
Gerber claimed a compression burst fracture of her lumbar spine at the L3 level.
Result
The jury returned a defense verdict.
Other Information
FILING DATE: April 9, 2013.
Length
10 days
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