¡Viva La Fiesta! - Santa Barbara County Bar Association

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Verdicts & Decisions verdicts & Decisions Sugar v. Ridgell et al. SANTA BARBARA SUPERIOR COURT, ANACAPA DIVISION TYPE OF CASE: Premises liability TYPE OF PROCEEDING: Jury trial JUDGE: Hon. James W. Brown LENGTH OF TRIAL: Portions of each of May 10, 11, 13, 14, 17, 18 and 20 LENGTH OF DELIBERATIONS: 45 minutes - 1 hour DATE OF VERDICT OR DECISION: May 20, 2010 PLAINTIFF: Lura Sugar PLAINTIFF’S COUNSEL: Russell R. Ghitterman of Ghitterman & Ghitterman DEFENDANTS: Andrea Ridgell dba Mishay Salon; The Elizabeth Arwyn Drew Trust; Spender Eliason Drew Trust; Jackson Sproul Trust; Cynthia DDE Howard Trust DEFENDANTS’ COUNSEL: Shelby Crawford and David Phillips of Pollard, Mavredakis, Cranert, Crawford & Stevens ExPERTS: Treating physicians: William Gallivan, M.D. and Steven Hollstein, M.D.; For Plaintiff: Mark Sanders, Ph.D. (human factors) and Richard Scheinberg, M.D. (orthopedist); For Defendant: Michael Price, M.D. (orthopedist) FACTS: On October 17, 2006, Plaintiff Lura Sugar had a 10:30 a.m. hair appointment at the Mishay Salon, owned and operated by Andrea Ridgell. Ms. Sugar parked in the rear of the salon and walked through a breezeway to enter into the rear of the salon. The rear entry had a 3 ¾” drop. She stepped into the salon and fell, resulting in injuries. CONTENTIONS: Plaintiff Sugar alleged that Defendant Ridgell knew that the drop was a dangerous condition and had ordered permanent signs warning of the condition before the accident. Plaintiff Sugar maintained that she thought the entrance was flat, that Defendant Ridgell did not post warning signs, and that even if warning signs were posted they were inadequate based on location and size. Defendant Ridgell alleged the step down did not present a dangerous condition and that there was no evidence of any code violations. Defendant Ridgell further alleged there were two temporary signs on 8 ½ x 11 paper affixed to the outside wall at the rear entrance stating “Watch Your Step”. Defendant Ridgell presented several witnesses that were at the salon on the date of the incident who testified that signs were present and that one was located just to the left of the rear door. Defendant Ridgell further alleged that Plaintiff Sugar was comparatively at fault. SUMMARY OF CLAIMED DAMAGES: Plaintiff claimed $465,549.89 in past medical specials based on aggravation of pre-existing right knee and left knee conditions, resulting in knee replacements, as well as aggravation of her back resulting in the increased need for epidural injections. Defendant alleged that Plaintiff’s pre-existing conditions were not worsened due to the fall at the salon and that her subsequent knee replacements in 2009 were unrelated to the fall. RESULT: 8-3 defense verdict (the parties stipulated to an 11 person jury after losing two jurors on the first day of trial, which were replaced by alternates, and a third juror during closing arguments) 28 Santa Barbara Lawyer
The Santa Barbara County Bar Association Family Law Section presents…. WE’RE ALMOST THERE – HALF-WAY THROUGH 2010 FAMILY LAW UPDATE LUNCHEON When: Friday, August 13, 2010 12:00 PM – 2:00 PM Where: Louie’s California Bistro 1404 De La Vina, SB Topic: WE WILL REVIEW THE PUBLISHED FAMILY LAW CASES THROUGH JULY 2010: WHAT THEY ARE, WHAT THEY MEAN AND HOW THEY IMPACT YOUR PRACTICE. MCLE: 1.5 hours of Continuing Legal Education Credits) Cost: $45 before August 6; $50 after August 6 Registration: Name: ________________________________________ Address: ______________________________________ Phone: _______________________________________ Email: ________________________________________ Lunch Choice: ___ Chicken & Romaine Salad ___ Fettuccine with Tomato & Basil (vegetarian) ___ Meatloaf Send reservation and payment to: Vanessa Kirker 350 Chapala Street Suite 207 Santa Barbara, California 93101 Questions? Email us! jdrury@drurypullenlaw.com vk@kirkerlaw.com August 2010 29 Classifieds BOOKKEEPER AVAILABLE Self-employed bookkeeper with legal experience and excellent references. Experienced in QuickBooks, TimeSlips, Excel, etc. Telephone # 963-6994. Not in a position to provide service? Conflict of interest? Out of your practice area? Send the client to Lawyer Referral Service 805.569.9400 Santa Barbara County’s ONLY State Bar Certified Lawyer Referral Service A Public Service of the Santa Barbara County Bar Association
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