Facts

On Nov. 16, 2008, James Von Normann, 25, was staying at the Newport Channel Inn, and fell from a second floor balcony over a railing into the parking lot. Von Normann filed suit against Newport Channel Inn Inc., alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that a dangerous condition of property caused the accident, and that the railing was eight inches shorter than the legal height. Plaintiff argued that the suffered injuries showed that he fell over the railing, and that the hotel failed to save video surveillance of the incident, which eradicated the only witness to the accident.

DEFENDANT'S CONTENTIONS:
Defendant noted that plaintiff's blood alcohol content was 0.267 at the time of the accident, and alleged that Plaintiff probably fell from ground-level in the parking lot, rather than from the balcony.

Injuries

Plaintiff was in a three-week coma and awoke without any memory of the incident. He suffered multiple skull fractures, and a severe traumatic brain injury with resulting dementia, seizures, memory loss and loss of smell and taste.

Result

The jury awarded Plaintiff $38,668,127, finding that the hotel was 85 percent liable. The verdict consisted of more than $1 million in past economic damages, $20 million in future economic damages, $1.5 million in past noneconomic damages, and $16 million for future noneconomic damages.