72-year-old immigrant trips in planter at his doc's office. $75K offer. $782K net verdict. Orange County.

Summary

Immigrant (a new citizen) trips on a planter after visiting his doctor. He's 72 but says he would have worked until age 78. Liability is disputed and plaintiff served a CCP 998 offfer.

The Case

Case Name: Julio Cesar Pinzon Altamar v. Alonzo J. Flores
Court and Case Number: Orange County Superior Court / 30-2013-00631827-CU-PO-CJC
Date of Verdict or Judgment: Thursday, February 06, 2014
Date Action was Filed: Monday, February 18, 2013
Type of Action: Dangerous Condition Private Property, Premises Liability, Sidewalk Accident, Slip and Fall
Judge or Arbitrator(s): Hon. Craig Griffin
Plaintiffs:
Julio Cesar Pinzon Altamar, 72, specialty food salesman
Defendants:
Alonzo J. Flores, plaintiff's physician and owner of building where incident occurred.
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $1,564,000
Net Verdict or Award: $782,000
Contributory/Comparative Negligence: 50% on Plaintiff
Economic Damages:
Past Medical: $140,000
Future medical: $200,000
Past Lost Wages: $24,000
Future Lost Wages: $200,000
Non-Economic Damages:
Past Non-Economic: $200,00
Future Non-Economic: $800,000
Trial or Arbitration Time: 5 days
Jury Deliberation Time: 1 day

The Attorneys

Attorney for the Plaintiff:
Simon Law Group by Robert Simon, Los Angeles.
Ghozland Law Firm by Michael Ghozland, Los Angeles.
Attorney for the Defendant:
Law Offices of Melissa M. Ballard by Lynne Pearson Houry, Brea.

The Experts

Plaintiff’s Medical Expert(s):
Moshin Shah, M.D., neurosurgery, Newport Beach.
Defendant's Medical Expert(s):
Michael Weinstein, M.D., orthopedic, Newport Beach.
Plaintiff's Technical Expert(s):
Enrique Vega, M.S., CRC, CDMS, vocational rehabilitation, Los Angeles.
Edward Garcia, economics, Pasadena.
Brad Avrit, BSCE, safety , Los Angeles.
Defendant's Technical Expert(s):
Jason Droll, Ph.D., human factors.
Matthew Phillippe, construction safety, Crestline.

Facts and Background

Facts and Background:
Plaintiff is a 72-year-old non-English speaker who recently became a citizen. He went to his doctor's office to pick up a letter. On the way out, he stepped down into a planter, fell forward, and hit his head on his parked car, injuring his neck and requiring a cervical fusion. He was recently laid off, but testified that his plan was to work until 78 years old, when his youngest daughter would turn 21 and he would no longer have to support her.
Plaintiff's Contentions:
That the height differential between walkway and the soil level in the planter, which measured approximately 3 inches and higher in certain places, was a dangerous condition that amounted to a tripping hazard. Had the soil level in the planter been flush or even with the surrounding concrete, plaintiff would have not tripped.
Defendant's Contentions:
That the planter was open and obvious and thus not a tripping hazard.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Fracture at C1-C2 that resulted in cervical fusion surgery.
Loss of earnings past and future.

Special Damages

Special Damages Claimed - Past Medical: $174,745.81
Special Damages Claimed - Future Medical: $306,652-390,976
Special Damages Claimed - Past Lost Earnings: $39,547.00
Special Damages Claimed - Future Lost Earnings: $40,020 - 169,102

Demands and Offers

Plaintiff §998 Demand: At first mediation, plaintiff demanded $899,000. Following mediation, plaintiff served 998 for $1,000,000. After second mediation, plaintiff served final 998 for $500,000.
Defendant Final Offer before Trial: At first mediation, defendant offered $10,000. At second mediation, defendant raised offer to $75,000.
Defendant Offer during Trial: $135,000 offered at trial on day of verdict.

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Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.