Facts

Plaintiff Vannas Dorn rented a house from defendant Apolinar Omania. While descending the entry wooden staircase, a tread failed causing it to completely pull away from the 4-foot-by-12-foot redwood support stringer. This caused her to fall forward to the bottom of the stairs. She strained her left hamstring as a result of the fall.

Dorn sued Omania for premises liability alleging negligent repair and maintenance. She alleged that Omania knew, or should have known, that the support structure of the wooden staircase was rotted, based on his duty to inspect the property prior to entering into a lease. Omania had performed prior maintenance and repairs on the staircase.

Omania denied having any notice of the dangerously rotted support structure.

Damages

Dorn sought $17,242.99 in medical bills, and $25,600 for loss of income.

Injuries

Dorn immediately suffered from severe leg pain as a result of the fall. She was brought to the hospital via ambulance where she was admitted with left posterior thigh pain. She was unable to walk and remained in the hospital for seven days. She was discharged with a left hamstring strain and a ball of contracted muscle in her hamstring. She remained on bed rest for several weeks. Dorn participated in physical therapy for approximately a year. She missed more than four months of work before she was able to return full time as a registered nurse. She continues to experience pain and soreness from being on her feet for extended periods of time. Omania claimed that Dorn's injuries should have been resolved after six to eight weeks, and argued she was being over-treated.

Result

The parties agreed to settle for $250,000 prior to the trial date, which was set for Oct. 4, 2010.