Facts

Davida Taurek sued Martin Sacks and Deva Braden in connection with an incident that allegedly occurred occurred at approximately 7:00 p.m on June 18, 2011. Braden was later let out of the case.

PLAINTIFF'S CONTENTIONS:
Plaintiff was attending a private party hosted by defendant Sacks at his residence. The venue was a large parcel of land that included a redwood grove with a hill swing. As installed, the 40-foot-roped swing hung on two redwood trees and extended 50-feet above ground in some point. Plaintiff attempted to sit on the swing, without intending to swing on it, but the bench gave way, causing her to fall and injure her neck. Plaintiff claimed defendant Sacks' alterations, which included lowering the swing by one foot and changing the knots, made the swing unsafe and thereby created a dangerous condition including that the swing was over uneven, slippery and rocky soil making it difficult to mount. In addition, defendant's lowering of the swing by one foot to forty-two inches invited people to mount it without pulling up the hill when it was too high to do so safely. Plaintiff also claimed that the swing failed to comply with industry and safety standards. Plaintiff also claimed Sacks, who, just prior to the fall, had seen her and her friend approach the swing, failed to instruct her how to use the swing and failed to warn her about it.

DEFENDANT'S CONTENTIONS:
Defendant Sack denied that the swing was unsafe and claimed that any changes he allegedly made did not make the swing unsafe. Defendant also claimed that impact absorbing materials were not necessary and only applied to playground equipment for children. Defendant also claimed he showed the first users (plaintiff was not present) at the party, how to properly mount the swing by pulling it up the hill reducing the distance to the ground to twenty-two inches. Defendant argued plaintiff assumed the risk of injury when she attempted to mount the swing.

Settlement Discussions

Taurek made a CCP 998 demand of $975,000, which Sacks countered with a CCP 998 offer of $30,000.

Damages

Taurek sought $243,364 in medical expenses and $35,000 in lost wages, as well as unspecified amounts in future medical costs and past and future pain and suffering damages.

Injuries

Taurek claimed she sustained a fracture and dislocated her spine, and underwent surgery to repair it. Plaintiff claimed she required a two-part, 360-degree surgery, and several days of hospitalization. Taurek claimed her injuries left her unable to care for herself for about six months, and she no longer had the same range of motion in her neck and continued to experience pain in her left arm.

Result

The jury rendered a defense verdict.