$18,000
Awarded

PREMISES LIABILITY

Child falls from second story screened window; Male, 3, fractured femur

RESULT: Defense
TYPE: Jury Trial

COUNTY: San Bernardino

CASE No.: SCV 35811

CASE NAME:
Damont Jackson, Jr. v. Rico L. Smith

PLAINTIFF ATTY:
Sprague, Tomlinson & Nydam, By: Kenneth W. Nydam, San Bernardino

DEFENSE ATTY:
Law Offices of Charles S. LiMandri, By: Michael S. Dea, Rancho Santa Fe

PLAINTIFF EXPERTS:
Joseph P. Klein, M.D., Orthopedist, Hemet
Jerome N. Borowick, Ph.D., Accident Recon, San Bernardino

DEFENSE EXPERTS:
Gary L. Painter, M.D., Orthopedist, Loma Linda
Stephen C. Wexler, Safety Engineer, Marina del Rey

SETTLEMENT DEMAND: $90,000

SETTLEMENT OFFER: None

FACTS:
Pltf, 3 ¼ years-old, lived in an apartment with his parents and his one year-old sister. It was on the second story. On March 10, 1996 at the time of the accident, Pltf’s mother was talking on the phone in the kitchen while Pltf and his sister were playing in the living room. The mother had opened the window in the living room which was covered only with a screen. The bottom ledge of the window was 22 inches off the floor. Pltf fell through the screen eleven feet to the ground below.

PER PLTF:
That Deft was responsible for the dangerous condition of the apartment window.

INJURY:
Fractured right femur requiring casted for two months with residual leg shortening.

PER DEFT: Contended no negligence.

SPECIAL DAMAGES:
$18,000 past medical; $10,000 – $15,000 future medical.

VERDICT: Defense

JURY POLL: 10-2

RESOLVED: 1/21/1999

PRIOR ARBITRATION: Defense; Pltf denovoed.

NOTES: Century-National Insurance was insurance carrier for Deft.

JUDGE: Rex A. Victor

COURT: San Bernardino County Superior Court, San Bernardino

CRA#: 10744