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Personal Injury
Premises Liability
Trip and Fall

Clara Holt v. Raymond Welch; Rex Holland and Linda Holland

Published: Aug. 30, 1997 | Result Date: Aug. 7, 1997 | Filing Date: Jan. 1, 1900 |

Case number: PC018744Y Verdict –  $0

Judge

Haig Kehiayan

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

William G. Kelsberg

George Knopfler
(Signature Resolution)


Defendant

Robert F. Flagg


Experts

Plaintiff

Eugene R. Dorio
(medical)

Rafael O. Quinonez
(medical)

Ted M. Kobayashi
(technical)

Defendant

Neil Paul Rosenthal
(medical)

John K. Tyson P.E.
(technical)

Facts

On April 24, 1996, plaintiff Clara Holt, an 86-year-old female resident of an 80-unit "active seniors" apartment building allegedly tripped and fell over the exposed corner of the side flared portion of the front access ramp, striking her forehead against one of the pillars holding up the front canopy. The plaintiff had been a resident for 8+ years the date of the fall. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $______________. The defendant made a C.C.P. º998 offer of compromise for $____________ .

Specials in Evidence

$318,000 $465,000

Injuries

The plaintiff sustained a fracture of C1-2 requiring C1-2 posterior fusion, bone grafting and application of halo which plaintiff wore for 4 months and clinical depression post surgery, leading to psychiatric hospitalization about seven months post surgery.

Other Information

The verdict was reached approximately seven months after the case was filed. The case was preferentially set per C.C.P. º36a due to the plaintiff's age and poor health.

Deliberation

1 hour

Poll

11-1

Length

6 days


#99128

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