Hon. Brian Walsh, Santa Clara County Superior Court
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.
Plaintiff claimed $110,000 for past and future medicals plus $400,000 for pain and suffering.
At both the pre-trial phase and at trial, Plaintiff’s demand was $500,000. Defendants’ highest offer was $1,000.
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.