Facts

Roderick Smith was shopping at Rafael Lumber & Building Supply when he tripped and fell over a concrete tire stop. He sued Rafael Lumber, alleging that they were negligent in the maintenance of the area, creating a dangerous condition.

Smith claimed that while he was in the lumberyard, he stepped back to examine roofing materials and fell over a tire stop. He contended that the tire stop was placed too closely to the storage rock.

Rafael Lumber argued that the tire stop was an open and obvious condition. It complied with California Building Code and design standards. Rafael Lumber also argued that Smith caused the trip and fall by stepping backward.

Damages

Smith requested $536,000 in total damages.

Injuries

Plaintiff alleged he suffered from PTSD after the accident. Smith sustained compound fractures of the tibia and fibula in his right leg, as well as a blistered torso. He underwent open reduction and internal fixation surgery with the insertion of screws and a rod into his leg. He later underwent surgery to remove the screws and had ongoing physical therapy.

Result

The jury rendered a defense verdict.

Deliberation

45 minutes

Poll

11-1 (liability)

Length

seven days