Facts

On July 4, 2007, plaintiff Tariq Asghari had a party at defendant Yvonne Bernard's two-story home in Hermosa Beach, which he had rented for the holiday weekend with his friends. Asghari fell over the railing and plummeted two stories down onto the concrete sidewalk below. When plaintiff fell, he had been standing on the parapet wall.

Evidence was presented by way of an independent witness that plaintiff had been behaving in an intoxicated manner and had been throwing glass bottles off the roof deck to the ground below.

Asgahri filed an action against the property owner, Yvonne Bernard, and Jetliving.com, which was an online leasing agency that brokered the rental. A major issue to be decided by the jury was whether or not the roof deck railing was 42 inches high.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the railing was not built according to approved plans and created a dangerous condition in violation of the California building code, which constituted negligence or negligence per se. Plaintiff further contended that the railing height should be measured from the top of the 11 inch parapet wall over which the railing spanned, which would make the measurement less than 42 inches.

DEFENDANTS' CONTENTIONS:
Defendants contended that the railing was safe and should be measured from the walking surface of the roof deck, which made it 42 inches. Defendants contended that the accident would have never happened had plaintiff not been intoxicated and misbehaving.

Settlement Discussions

Plaintiff demanded $300,000, and the defense offered to waive costs.

Injuries

Plaintiff suffered a bulging disc, disc protrusion, L3 fracture, pubic ramus fracture, transverse processes fracture, hematoma, and non-displaced fracture.

Result

In the liability phase, the jury found in favor of the defense.

Other Information

State Farm Fire and Casualty Co. insured defendants. Since the trial was bifurcated, no damages experts were required in this phase.

Deliberation

2.5 hours

Poll

9-3

Length

two days