Facts

Matthew Paulson sued Joel Berman, the owner of a rental property, as well as other members of the 2000 Berman Family Trust.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that on June 28, 2011, Paulson was visiting his friends at a home they rented from Joel Berman. While talking with his friends, Paulson decided to try doing some "parkour" in the backyard. Paulson tried to run and jump over a wall, but the wall broke as he was trying to pull himself over it. The wall subsequently fell onto Paulson, injuring his legs.

Paulson argued that the Bermans had failed to properly maintain their property, and that the Bermans should have known that the wall was structurally weak and not properly reinforced. He further claimed that if the Bermans had repaired the wall earlier, the accident would not have taken place.

DEFENDANT'S CONTENTIONS:
The Bermans argued they did not believe that the wall created any serious safety risk. Instead, they argued that Paulson had caused the accident by recklessly trying to leap over the wall. They also asserted that the other tenants of the house had been doing similar stunts in the weeks leading up to the accident, possibly weakening the wall.

Injuries

Paulson fractured both his right and left legs, and suffered from compartment syndrome. He required multiple surgeries and skin grafts to treat his injuries.

Result

The jury found that Paulson's total damages amounted to $6,273,495. However, the jury also found that Paulson was 75 percent responsible for his accident, and that the Bermans were 25 percent responsible. As a result, Paulson's recovery was limited to $1,568,374.

Other Information

FILING DATE: Aug. 30, 2012.

Deliberation

two days

Length

four weeks