Lorena Barron v. Victor Renteria, Cynthia Renteria
Published: Feb. 1, 2014 | Result Date: Dec. 4, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00078456-CU-PO-SC Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Douglas H. Swope
(Law Office of Douglas H. Swope APC)
Defendant
Roger L. Popeney
(Hartsuyker, Stratman & Williams-Abrego)
Experts
Plaintiff
Franz J. Kopp
(medical)
Defendant
John R. Brault M.S.
(technical)
Facts
Victor and Cynthia Renteria invited several guests, including Lorena Barron, to their home on Oct. 20, 2010. Barron fell while there, and sued the Renterias.
Contentions
PLAINTIFF'S CONTENTIONS:
Barron claimed that as she was leaving the Renteria's home at approximately 7p.m. at night, she misjudged a four-inch porch step, causing her to fall. Barron claimed that the front porch had insufficient lighting, causing her to misstep. She claimed negligent maintenance of the porch, creating a dangerous condition. Barron contended that the Renterias had notice of this dangerous condition because Cynthia told Barron that she was the third person to trip on the step.
DEFENDANTS' CONTENTIONS:
The Renterias contended that the lighting was sufficient and did not pose a dangerous condition. They also claimed that there were no prior incidents of tripping on the porch. Instead, the Renterias claimed that Barron was inattentive while going down the stairs, causing her to fall.
Damages
Barron sought $86,917 in past medical expenses, and between $50,000 to $100,000 in future medical costs. She also sought $750,000 for pain and suffering. Although the defense did not dispute Barron's past medical costs, they argued that her future surgical costs be limited to $50,000.
Injuries
Barron suffered a fracture on her left ankle. She underwent surgery and later experienced discomfort, stiffness, and swelling in her ankle.
Result
The jury rendered a defense verdict.
Deliberation
45 minutes
Length
three days
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