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Verdicts / Settlements - DefendantsGladys Kaplan vs. City Freeholds USA, Inc., and Federal Cleaning Contractors, Inc.
CASE NO.: LC 019 807
SETTLEMENT DATE: March 6, 1995 TOPIC: Slip & Fall: Marble Floor at Mall RESULT: $400,000 (settlement) SPECIALS: Medical Costs: $107,668 INJURY: Fractured shoulder and a torn rotator cuff. Treatment: An initial partial prosthesis did not successfully resolve the Plaintiffs shoulder problems nor did attempts to clean and debride the injury area. Ultimately the Plaintiff received a complete shoulder replacement when a prosthetic device was surgically inserted in 9/94. Residuals: Constant pain in shoulder AREA: Van Nuys, CA PLAINTIFF ATTORNEY: Matthew B.F. Biren & Edmont T. Barrett (Matthew B.F. Biren & Associates), Los Angeles DEFENDANT ATTORNEY: for City Freeholds: John Tasker (Callahan, McCune & Willis), Los Angeles; for Federal Cleaning: George Knopfler & Richard P. Riley ( Knopfler and Robertson ), Universal City FACTS: 6/21/92: Plaintiff, 78 yearold female, slipped and fell while walking down a slight incline on a second level corridor of the Sherman Oaks Fashion Square. PLAINTIFF CLAIMED when City Freeholds remodeled the mall in 1989 they negligently selected marble instead of other less slippery floor materials. Defendant Federal Cleaning Contractors, Inc. negligently applied antislip polish and/or failed to apply the antislip polish frequently enough to maintain the marble tiles in a nonslip condition. DEFENDANTS ARGUED the floor was safely maintained. The coefficient of friction was at a level which satisfied city mandated requirements. Hundreds of thousands of people were able to walk through the mall without falling. This particular accident was the result of the Plaintiffs negligence. INSURANCE COMPANY: Transamerica Insurance Group for City Freeholds USA; Royal Insurance Co. for Federal Cleaning OFFER : $50,000 DEMAND: $149,000 The Defendants had expressed contractual indemnity provisions in their contract and cross complained against each other. Tri-Service Reference No. S95-05-09 |