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

Elizabeth Soden v. Ponderosa Summit Ltd., Ponderosa Mobile Home Park

Published: Aug. 16, 2001 | Result Date: Mar. 7, 2001 | Filing Date: Jan. 1, 1900 |

Case number: CV47049 Verdict –  $342,352

Judge

Eleanor Provost

Court

Tuolumne Superior


Attorneys

Plaintiff

Stephen F. Von Till


Defendant

Eugene Taylor


Experts

Plaintiff

Georgia Thomatos
(medical)

Frank Walter
(technical)

Catherine Johnson
(medical)

Facts

The plaintiff, an 85 year old widow, lived at defendantsÆ mobile home park. In December 1998, the plaintiff
slipped and fell, breaking her hip. The fall occurred in the common area under the control of the defendants.

Settlement Discussions

The plaintiff demanded $200,000. The defendants offered $70,000.

Specials in Evidence

$51,000

Damages

Other expenses related to plaintiffÆs home care were approximately $7,500. Future expenses included reasonable cost of board and care facility for the remainder of her life, estimated to be about 6.3 years at $2,300 per month for a total of $173,880. Also, future medical associated with removal of a screw in the compression device.

Injuries

Acute right intertrochanteric hip fracture, angulated with a fracture line going through the base of the right femoral neck. The plaintiff had surgery the day following the fall. Residual damages included the use of a walker.

Deliberation

1.5 hours

Poll

10-2 (with the two dissenting jurors wanting to award more damages to the plaintiff)

Length

2.5 days


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