Modesto Gallo Center’s insurer wants county to pay woman’s injury claim [The Modesto Bee]
By Ken Carlson, The Modesto Bee | |
McClatchy-Tribune Information Services |
The Cooper & Cooper law firm of Fresno filed the papers
The damage claim, often a precursor to a lawsuit, was filed on behalf of the
"It's a very unfortunate situation between insurance companies and not one the Gallo Center wants to be involved in," Dickerson said. "The decision to file the suit was made by our insurance company, and we were not involved in that decision."
Attorney
The action prolongs a
According to facts in the Cooper & Cooper damage claim, her husband took her to the emergency room after the event and her arm was put in a cast. X-rays later showed her wrist was broken in three places; she also had joint and knee injuries, the claim says.
Her bills for surgery and other medical care have exceeded
An attempt to resolve Brunn's lawsuit through mediation was not successful, leading the Gallo Center's insurance carrier to go after the county.
County Counsel
The county oversaw construction of the Gallo Center, which was completed in 2007, and contributed
Design defended
Doering said the agreement specifies that the nonprofit group is responsible for defending the center against personal-injury claims.
"(The Gallo Center) has been dealing with this case for years," Doering said. "There are no design or construction defects, the center was built according to code, and the facility is safe and secure. It's unfortunate this individual injured herself, but we don't think it is any fault of the county or the Gallo Center."
"She was walking down the stairs, with a load of people behind her and ushers trying to get everyone to their seats," he said. "As she started to fall, she reached for a handrail and guess what -- no handrail, so down she went."
Attorney: Risky conditions
The attorney said the lawsuit was filed to call attention to dangerous conditions in the theaters. The law firm obtained records from the Gallo Center showing 25 falls have occurred in one theater and 40 in the other since the center opened in 2007.
"We are very concerned about it, and no one that we talked to at the Gallo Center was concerned," Brunn said, adding that his wife deserves compensation for her injuries.
Dickerson countered that the 65 falls have not resulted in serious injuries and that this is the only lawsuit filed against the center. The number represents less than one-hundredth of a percent of the 850,000 people who have attended events at the center in 5 1/2 seasons, she said.
Doering said that after the county returns the claim to
Meanwhile, Brunn's lawsuit is set for a settlement conference
Bee staff writer
___
(c)2013 The Modesto Bee (Modesto, Calif.)
Visit The Modesto Bee (Modesto, Calif.) at www.modbee.com
Distributed by MCT Information Services
Wordcount: | 935 |
Hunterdon County, N.J., Man Indicted for Social Security Disability Fraud
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News