Personal Injury Litigation San Diego

Disposition: (Settlement/Arbitration/Trial)	Settlement
Date:	8/7/2002
Type of Case:	Personal Injury
Allegation(s):	Lawyer's Wife Slips at Realtor's Open House
Result:	$290,000
Case Name:	*Thompson v. Hanecak, Nellie Wood, Willis Allen Company*
Facts:
The plaintiff wife slipped and fell on a tiled entryway at a realtor's "open house" and suffered numerous injuries. She sued the realtor and the homeowners for her injuries and her husband sued for loss of consortium. The parties settled the case for $290,000. The plaintif visited a real estate "open house" in Solana Beach, California. The Hanecaks owned the property and they retained the Willis Allen Company to show the house for the purposes of sale. Mr. and Mrs. Thompson were instructed to wear plastic, over-the-shoe booties in the home because the carpets were wet from shampooing. Mrs. Thompson fell as she descended the steps when she placed her foot on the tiled entryway. Her right foot shot almost straight up in the air and caused her other foot to also leave the ground. She tried to break the fall with her left arm, then hit her arm and shoulder on the last setp of the stairway. When her right arm and shoulder hit the step, her upper body, head and neck snapped backward.
Injury/Injuries:
Plaintiff wife claimed a disk protrusion to the right at C5-6, and to the left at C4-5. She also claimed left neck and shoulder pain with symptomatic left thoracic outlet syndrome and neurovascular symptomatology in the left face, neck, shoulder and arm. Mrs. Thompson maintained that she had decreased left cervical and left shoulder range of motion and strength with radicular pain to her left upper extremity and facial region, skeletal dysfunctions in cervical thoracic and rib region and possible facet denervation. She also claimed residuals from multiple tears in her left knee that were surgically repaired and may require further surgical intervention. The plaintiff wife also experienced symptoms of facial laxity and TMJ and lastly has been treated for depression related tot he physical problems. She claimed $66,161 in past medical costs and $35,000 for future medical costs. Additionally, the plaintiff husband claimed a loss of consortium.
Contentions:
Plaintiff contended that defendants knew or should have known they had created a dangerous condition when they required visitors to wear booties. The plaintiff wife asserted that the fall at the defendants' home was the cause of her debilitating injuries. Defendants contended that the plaintiffs assumed the risk, that the danger was open and obvious. They disputed the nature and extent of the plaintiff wife's claimed injuries.
Special Notes:
The parties settled for $290,000. Defendant Hanecaks paid $75,000 and defendants Wood and Willis Allen paid $215,000. Settlement demand pursant to CCP �998 for $300,000; Offer by defendants of $50,000. < back to Personal Injury Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com