Facts

On Aug. 13, 2012, plaintiffs' decedent, 93, tripped on the lip of the edge of a square section of carpeting in her living room that her landlord had removed with an X-acto knife years earlier, because of water damage from a roof leak. Plaintiff claimed he failed to fix the carpet, causing the decedent to sustain a significant fracture to her left hip.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendant ignored multiple requests for repair over the years, including requests from decedent's neighbor, who would check in frequently on the elderly decedent. Defendants never replaced the carpeting over the hole that was caused when they removed a section of the water-damaged carpeting. Plaintiffs alternatively alleged constructive notice since the condition existed for many years and defendant's agents had been in the apartment many times since the actual carpet removal.

Decedent had lived in the two bedroom, one-bath apartment since 1971 up through the date of the incident. The apartment complex including the at-issue unit had fallen into substantial disrepair.

As a result of this injury, decedent had to undergo emergency surgery and was hospitalized for almost a month. Prior to incident, decedent was in excellent mental and physical health. She lived alone and was able to do all of the activities of daily living, and had a very close relationship with her daughter and granddaughter both of whom lived nearby. The decedent returned home for a brief period, but her physical condition deteriorated markedly to the point where she needed 24-hour care, and ultimately, she had to be re-hospitalized and eventually transferred to a skilled nursing facility, where she died 10 months post-incident.

Result

The case settled at mediation for $200,000 (global) before Robert Tessier of Judicate West.

Other Information

This matter was resolved prior to the designation of experts, and after the court granted a CCP 36(a) Motion for Preferential Trial Setting. FILING DATE: Oct. 9, 2012.