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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Janet Wrice v. Bally Total Fitness Corporation, et al.

Published: Aug. 9, 2001 | Result Date: Apr. 26, 2001 | Filing Date: Jan. 1, 1900 |

Case number: YC037378 Verdict –  $0

Judge

William G. Willett

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Michael F. Frank
(Michael F. Frank, Attorney at Law)


Defendant

Michael L. Amaro
(Amaro Baldwin LLP)


Experts

Plaintiff

Taryn L. Johnson
(technical)

Kendall S. Wagner M.D.
(medical)

Defendant

Charles E. Turnbow
(technical)

Facts

The plaintiff, age 48, fell while exiting one of the showers at the defendant, Bally Total Fitness. The area where
the plaintiff fell was a tile surface and had no mats. Other areas in the shower and sauna area had mats. The
plaintiff brought this action based on negligence.

Settlement Discussions

The plaintiff made an initial $25,000 demand, which was reduced to $15,000 prior to trial. The defendants offered $3,500.

Specials in Evidence

$2,037 $300

Injuries

The plaintiff sustained fractures of three metatarsal bones in her foot that did not heal properly even resulting in a permanent deformity and disability. Although a future surgery is possible, it is not recommended due to adverse complications.

Other Information

The defendant was awarded $3,136 in costs.

Deliberation

two hours

Poll

10-2

Length

four days


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