Gray•Duffy, LLP Negotiates Settlement for Nominal Amount in Premises Liability Case

February 2014

Overview

Caitlin Maurer of Gray•Duffy’s Redwood City office successfully defended Douglas Parking in a premises liability lawsuit in which the plaintiff stepped into a hole in the parking lot causing her to fall and injure her knee and back.

Discussion

Kim Helton v. Douglas Parking, LLC, et al. The plaintiff claimed she was attempting to enter her car which was parked in the defendant’s lot when she stepped in a large hole, causing her to fall and injure her knee and back. There were no witnesses to the event, and the investigation revealed that the plaintiff had been out of work for an extended period of time. Other investigation and video surveillance of the plaintiff showed that the plaintiff was dancing, rollerblading and had pre-existing claims of similar injuries which did not appear to inhibit her daily activities. In her deposition testimony, the plaintiff claimed that she could not engage in any physical activities. The plaintiff made a settlement demand of $75,000. On behalf of the defense, an offer of $2,500 was made. The plaintiff lowered her demand to $25,000, and ultimately agreed to accept the final offer of $5,000.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.