Facts

Mirna Saygh sued John Melkonian alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff was visiting a tenant at a property owned by defendant. Plaintiff had just recently moved on the same property. Plaintiff was allegedly walking on the driveway when she tripped and fell on an uneven surface. She suffered injuries as a result and sued defendant for premises liability. The driveway allegedly was inadequately lit and had multiple potholes, uneven surfaces, and cracks. Defendant was allegedly negligent in failing to maintain the premises, creating a dangerous condition.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's claims. Plaintiff allegedly fell elsewhere and not in the property. Defendant also claimed that plaintiff lived there long enough to know of the driveway's conditions. Defendants also disputed plaintiff's claimed injuries.

Settlement Discussions

Saygh demanded $50,000 in settlement, which Melkonian countered with an offer of binding arbitration with a $50,000/$0 high/low agreement.

Injuries

Saygh fractured her tooth and had a lip laceration that needed stitching. She also had abrasions to her face and chin. She ultimately had to undergo teeth extraction. She also suffered from gum infections and will require future surgical implants.

Result

The jury found Melkonian 62 percent at fault and Saygh 38 percent comparatively liable. It determined Saygh's damages totaled $21,768, which amounted to $13,496 after the offset.

Other Information

FILING DATE: Aug. 26, 2013.