Trip and falls are challenging, but this was an extremely difficult trip and fall case against both a property owner and construction company. The plaintiff was an 85 year-old woman who tripped and fell at a defect in the sidewalk inside of a outdoor strip mall in San Diego California. Navigating defects in a walkway are sometimes even more difficult. Here, I was successful in securing an engineer expert, Mr. Joe Cohen, to go out and inspect the defect, document it, and confirm an opinion as to liability (fault) to the property owner.
The insurance tried to settle out cheaply as they sometimes normally do. I filed a lawsuit against the property owners (multiple), and proceeded with discovery and fighting the insurance company. I associated in trial co-counsel attorney Edward "Skip" Babbitt. He and I make a good trial team on certain cases, and we were a formidable team against the insurance company. Despite an failed mediation, and endless depositions, summary judgment motion, and pre-trial Section 998 offers, the case came to a successful resolution two weeks before trial for $180,000.00.
Most of my client's medical care was paid through MEDICARE health insurance. I was able to negotiate a huge reduction in what was owed back to MEDICARE health insurance in order to maximize my client's net recovery.
San Diego Superior Court Case No. #37-2013-00069903-CU-PO-CTL
Case Name: BEVERLY JOHNSON V. GEORGE W WEIR ASPHALT CONSTRUCTION INC, RIENSTRA FAMILY TRUST, E R MANAGEMENT, INC, JOHN ABENDROTH FAMILY TRUST
Trial counsel: Mark Blane, Esq.
Trial co-counsel: Edward J. "Skip" Babbitt, Esq.