Lisa Garrison v. Steven Weller and Cynthia Weller
SUMMARY: Premises Slip & Fall: Wet Tile Entryway in Home
Verdict: Defense

County: San Diego
State: CA
O'Brien's Verdictum Juris: 1998-43-21

Plaintiff Attorneys:
Shaun K. Boss (Law Offices of Shaun K. Boss), San Diego (619) 236-1333

Defense Attorneys:
Hugh K. Swift (Law Offices of Charles S. Limandri), Rancho Santa Fe (619) 759-9930

Trial Judge: David J. Danielsen San Diego 7/24/98
Trial Time: 3 Days Deliberation Time: 1 ½ Days

Insurance Company: Century National

Case: Lisa Garrison v. Steven Weller and Cynthia Weller

Facts:
8/13/96: Plaintiff, a 36-year-old self-employed real estate appraiser, went to Defendants' residence to perform an appraisal. As she walked across a tiled entryway floor, she fell and injured her right knee.
Injuries: Right-knee meniscus tear, soft tissue right shoulder, neck, and back injuries, and headaches. Treatment: Arthroscopic meniscectomy to right knee and physical therapy.
Medical Costs: $20, 978 past, $2,000 future
Other: $852 incidental

Contentions:
Plaintiff claimed Defendants left the floor wet after cleaning for ants. Defendants were negligent because the tile floor was wet, causing her to fall.
Defendants argued they had cleaned the floor several hours before Plaintiff arrived. It had ample time to dry. Plaintiff walked over the tile floor several times before she fell.

Settlement Negotiations:
Offer: 7,500  Demand: 12,500

Verdict:
Defense as to Steven Weller
Nonsuit as to Cynthia Weller
Jury Poll: 12-0

Arbitration:
$22,900 by John E. Petze; Trial de Novo by Defendants.

Note:
Motion for new trial was not made.

Plaintiff Experts:
Leferre, George W. Orthopedic Surgeon San Diego
Friedlander, Melvin L. Safety Engineer San Diego

Defense Experts:
Bells, Carl A. Safety/Human Factors Rancho Santa Fe
Gomez, Mark A. Biomechanical San Diego