Facts

John and Evalyn Elston was attending their son's basketball game at the gymnasium of Hope International University in Fullerton when an altercation broke out among several players. Mr. Elston got up from his seat from the bleachers and proceeded down the designated walkway toward the gym floor when he tripped and fell to the ground. He suffered injuries to both knees as a result thereof and sued the University and Swoosh Basketball, a basketball tournament management company that sponsored the event. Mrs. Elston filed a claim for loss of consortium.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the defendants failed to properly erect the retractable bleachers and install handrails, thereby creating a dangerous condition. Plaintiffs further contended that the inserts meant for the handrails protruded several inches up from the stairs causing Mr. Elston to trip and fall over them.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff did not trip over the metal handrail holder protrusion, but that he actually fell on one of the two bleacher steps closer to the ground. Moreover, defendants contended that the protruding metal inserts were open and obvious, and that plaintiff's fall was due to his inattentiveness and he missed a step while rushing down the gym floor due to the altercation.

Damages

Mr. Elston claimed he was unable to work for two years following the accident. Thus, he claimed in excess of $50,000 for past medical costs; $81,000 for past loss of earnings; and an unspecified amount of damages for pain and suffering. Mrs. Elston sought recovery of damages for her loss of consortium claim.

Injuries

Mr. Elston was taken by ambulance from the scene of the accident. He was diagnosed with patellar tendon ruptures to both knees and underwent surgery to repair those. He was hospitalized for five days, followed up with several months of physical therapy.

Result

The parties negotiated a $375,000 settlement.