Facts

On Feb. 7, 2009, plaintiff Louis Lesser, 92, entered a Rite Aide parking lot, on foot, from the south side where the sidewalk and parking lot were the same elevation. After completing his shopping, Lesser exited the store and walked toward the north side of the parking lot. Lesser was unaware that there was a 4-foot drop where the north side of parking lot borders the public street. The drop-off from the parking lot to the sidewalk did not have a fence, rail, or other border and there was no signs to warn pedestrians of the drop. Lesser stepped off the edge of the parking lot, fell to the sidewalk below and was injured.

Lesser filed suit against the property owners.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the unmarked 4-foot drop constituted a dangerous condition. Plaintiff argued that defendants failed to take reasonable safety precautions to either barricade the corner or warn of the drop-off. Lesser contended that, from his view, the drop-off appeared to blend in with the sidewalk.

DEFENDANT'S CONTENTIONS:
Defendants contended that the area was safe and the drop was open and obvious. Defendants asserted that there were no prior accidents at this location, which was in existence for approximately 30 years.

Injuries

At the scene, the paramedics noted that Lesser was suffering from dizziness and pain in his right shoulder. Lesser was transported by ambulance to Hollywood Presbyterian Hospital. He was hospitalized and underwent a closed reduction surgery on Feb. 10, 2009. He was discharged on Feb. 12. Lesser was evaluated by a social worker who determined that, because of his age and injuries, it was not safe for him to live by himself. As such, Lesser was discharged to a convalescent hospital. Lesser now resides at an assisted living facility. Because of his deteriorating health, he will never return to living on his own.

Result

The case settled for $150,000 during mediation with Jeff Kichaven.