Antonelli v. BMW of Mountain View, et al. (107CV082503)

Hon. Brian Walsh, Santa Clara County Superior Court

PREMISES LIABILITY:

Negligence

Personal Injury

ATTORNEYS:

Plaintiff, Donna Antonelli-Mary Alexander and Jennifer Fiore

(Mary Alexander & Associates, San Francisco)

Defendants, BMW of Mountain View and Mini of Mountain View- Elizabeth L. Kolar (Kolar & Associates, Santa Ana)

FACTS & CONTENTIONS:

Plaintiff claims she stepped off a curb and fell due to an unsafe condition of the premises causing her to suffer a broken hip.  There were no witnesses to Plaintiff’s fall.  Defendants denied all allegations as the curb was clearly painted yellow and there was no dangerous or unsafe condition.

DAMAGES:

Plaintiff claimed $110,000 for past and future medicals plus $400,000 for pain and suffering.

DEMANDS/OFFERS:

At both the pre-trial phase and at trial, Plaintiff’s demand was $500,000.  Defendants’ highest offer was $1,000.

OUTCOME:

A 6 day jury trial began on December 8, 2008.  After only an hour of deliberations, the jury reached a unanimous defense verdict in favor of Defendants, BMW of Mountain View and Mini of Mountain View.