Alameda Plenger v. U.S. Postal Service, et al.
Published: Aug. 16, 1997 | Result Date: Jul. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC014670 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles E. Turnbow
(technical)
Facts
On May 12, 1995, plaintiff Alameda Plenger, an 85-year-old retired school teacher, tripped due to a 1+-inch difference between the public sidewalk and a raised portion of a private parking lot (in the public right of way) owned by defendant Erwin Family Trust and leased to defendant U.S. Postal Service. The defendant trust and the U.S. Postal Service were voluntarily dismissed before trial. The plaintiff brought this action against the defendant city of Simi Valley based on negligence and dangerous condition of public property theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $44,499.99. The defendant made a settlement offer of $2,000.
Specials in Evidence
$8,545 $______________ $______________ $______________
Injuries
The plaintiff claimed she suffered a fractured wrist, facial contusions, lacerations and a concussion.
Other Information
The verdict was reached approximately one year and two months after the case was filed. An arbitration was held on May 29, 1997 before David J. Crandall of Calabasas resulting in the defense award. The jury found that there was no actual or constructive notice.
Deliberation
2½ hours
Poll
9-3
Length
4 days
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