Facts

Jan Gilbrecht sued her brother Aric Gilbrecht in connection with a slip and fall incident that allegedly occurred on Nov. 17, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff was staying at defendant's home in Cupertino to help with defendant's children while defendant's wife was away. Plaintiff allegedly slipped and fell on a ramp that defendant had previously built. Plaintiff injured her left ankle and sued her brother for negligence maintenance, creating a dangerous condition. Plaintiff contended that the ramp was used for egress and that it was unsafe because it sloped at about 16 percent, which was higher than what the Building Code allowed. Plaintiff also contended that the ramp lacked anti-slip or treatment what would prevent slips. Overall, plaintiff claimed that the ramp was not up to code and was, therefore, dangerous.

DEFENDANT'S CONTENTIONS:
Defendant contended that the ramp was built for use of his wheelbarrow and not for egress. Moreover, there were stairs beside the ramp for people to use to avoid use of the ramp. Overall, defendant claimed the ramp was safe for its intended use.

Damages

Gilbrecht sought $151,406 in medical expenses, $142,170 in lost income, and $500,000 in past and future pain and suffering.

Injuries

Gilbrecht fractured her left ankle and underwent surgery to repair it. She remained at the hospital for three days. She later underwent additional surgeries on the same her ankle. Despite the surgeries, she continued to experience pain and developed nerve damage on the affected foot. As a result, she had difficulty ambulating.

Result

The jury rendered a verdict in favor of the defense.

Other Information

FILING DATE: April 3, 2013.