Gray•Duffy’s Redwood City office settles slip and fall injury case

February 2020

Overview

Gray•Duffy’s Redwood City office settles slip and fall injury case.

Discussion

Jeanine Clabough v. West Coast

On February 11, 2015, at approximately 9:00 p.m., plaintiff Jeanine Clabough was walking out of Your Community Bingo Hall located in Victorville, California, when she walked into a wheelchair lift ramp extending from the rear of a service van illegally parked in front of the bingo hall, sustaining serious injuries to her ankle, leg and shoulder. Plaintiff Clabough sued the bingo establishment and the property owner, the latter represented by Kathryn T. Camerlengo of Gray•Duffy’s Redwood City office.

The plaintiff’s theory of liability was that the property owner not only allowed service vehicles to illegally park in front of the bingo hall in areas marked in red, creating a dangerous condition for patrons exiting the bingo hall, but also that the landowner had inadequate lighting in the area, creating an increased hazard for nighttime visitors to the property.

Plaintiff claimed medical expenses of $44,000 for treatment of a high-grade partial tear in her right shoulder, broken right wrist and arthroscopic rotator cuff tear surgery. Plaintiff’s initial settlement demand was for the policy limit of $1,000,000. The property owner filed a cross-complaint against the bingo hall tenant as well as the owner of the service van that was parked in front of the bingo hall where the wheelchair lift extended. Neither of the cross-defendants had insurance at the time of the loss.

After nearly two years of litigation, the case settled for $16,500, which it included a $3,000 Medi-Cal lien.

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.