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Personal Injury
Premises Liability
Negligent Repair and Maintenance

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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