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Balamuth Law Home How We Have Helped Premises Liability Case Results

How We Have Helped: Premises Liability Case Results

Case Name: Steve Doe v. Grocery Chain
Recovery Range: $400,000 - $650,000

Summary: The plaintiff was a firefighter. He went to an Albany grocery store to respond to a warehouse fire. In the midst of fighting the fire, the plaintiff was forced to exit the loading dock by jumping off the dock because defendant had blocked the only other means of egress, a ladder, with a dumpster. His fire fighting gear caught on the dock, and he fell, suffering severe spinal injuries. The plaintiff sued the grocery chain, alleging that it was negligent for blocking the exit.

Case Name: C. Doe v. Retail Store
Recovery Range: $250,000 - $400,000

Summary: C. Doe, a 51 year old nurse, slipped on a puddle of lotion at Retail Store. Although Retail Store claimed that it was every employee's duty to inspect the floor, no one had a specific recollection of inspecting the floor on the date of the incident. Retail Store denied having knowledge of the spilled lotion before the incident. C. Doe suffered an annular tear at L5-S1 with a three millimeter protrusion. Ms. Doe had an operation, which consisted of a hemi-laminotomy with diskectomy of the left portion of her L5-S1 disc and a micro-dissection.

Case Name: Doe Family v. Landlord
Recovery Range: $250,000 - $400,000

Summary: Mr. Doe was 77 years old and suffered from mild dementia. He rented an illegally converted in-law unit from Landlord, who lived in a house next to the unit. The unit did not have a smoke detector. Mr. Doe fell asleep with a lit cigarette, resulting in a small smoldering fire. He died from smoke inhalation. Mr. Doe's widow and children claimed that Landlord was responsible because she violated local and state building codes and the Elder Abuse Act.

Case Name: Kelly Doe v. Doe Apartments
Recovery Range: $250,000 - $400,000

Summary: The plaintiff lived in defendant's apartment complex in a first floor apartment with a sliding glass door that led from the apartment to her patio which was separated from the parking lot by a wooden gate. Because the plaintiff did not own a car, she seldom used the sliding door to access the parking lot and she rarely walked from her patio into the parking lot at night. One night, the plaintiff walked out of her sliding glass door toward the parking lot. None of the three lights that should have illuminated the parking lot were lit. Plaintiff tripped over a parking berm and suffered a dislocated knee, fractured femur, ligamental knee disruption, and sensory loss on the top of her foot.

Case Name: Brenda Doe v. Property Owners, Property Manager
Recovery Range: $100,000 - $250,000

Summary: Brenda was a tenant in a duplex owned by Property Owners and maintained by Property Manager. The duplex's outside wooden staircase was in poor condition and nails protruded from the landing whenever anyone stepped on it. Property Manager ignored Brenda's complaints about the stairs. One evening, while Brenda was walking down the stairs, a protruding nail caught her pant leg, causing her to fall. She suffered a fracture in her fifth metatarsal, also known as a "Jones" fracture. Brenda's doctor installed an inter-medullary screw to encourage the bone to fuse back together. The screw was later removed because it caused numbness and swelling in her foot. On top of that, she suffered an infection after the second surgery. Brenda sued the defendants for failing to repair the dangerous staircase despite being notified of its condition.

Case Name: June Doe v. Property Owner
Recovery Range: $100,000 - $250,000

Summary: Property Owner owned a shopping center with a parking lot. He claimed that he inspected the parking lot daily. June Doe was walking to her truck in the parking lot when she stepped into a six inch deep pothole and fell onto her right elbow. She did not see the hole because it was obscured by the shadow of her truck. She suffered a displaced comminuted radial head fracture. Her surgeon removed two pieces of bone which were floating free, cut off what was left of the radial head, and installed an artificial elbow. June sued Property Owner for failing to discover the unsafe condition and for failing to repair it.

Case Name: Sharon Doe v. Roller Rink
Recovery Range: $100,000 - $250,000

Summary: Sharon Doe attended a party at Roller Rink. A 4 inch wide gap existed between the wooden skating rink floor and a DJ booth next to the rink. During the party, the DJ called the skaters toward his booth to play a game. As Sharon Doe approached the booth, her skate fell into the gap, causing her to fall and shatter her left wrist. Doctors repaired the wrist by surgically installing a rod and four pins. Roller Rink claimed that the gap was necessary to allow the wooden rink floor to expand and contract depending on the weather.

Case Name: Marell Doe v. Doe Defendants
Recovery Range: $100,000 - $250,000

Summary: Plaintiff's home and all its contents were destroyed by fire after a fire began on her neighbors' (defendants') property and spread uphill to her house. Plaintiff sued defendants claiming that the fire started as a result of their negligence.

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Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

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Moraga, California 94556
Phone: (925) 254-1234
Toll Free: (888) 254-1234

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