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Personal Injury
Dangerous Condition of Public Property
Trip and Fall

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

Joe D. Hadden

Court

Ventura Superior


Attorneys

Plaintiff

Gordon R. Francisco


Defendant

Richard A. Wylie


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


#99040

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