Lisa Larson, Lester Larson v. Donald Lee, Gladys Lee, Donald R Lee 1999 Trust, Cindy Moua, Youa Moua, Realty Roundup, Inc., and Does 1 through 60, Inclusive
Published: Aug. 8, 2015 | Result Date: Jun. 1, 2015 | Filing Date: Jan. 1, 1900 |Case number: 34-2011-0014812 Verdict – $234,468
Court
Sacramento Superior
Attorneys
Plaintiff
Joseph A. Androvich
(Brelsford, Androvich & White)
Defendant
John P. Sciacca
(Powers & Miller)
Facts
Lisa Larson and Lester Larson sued Donald Lee, Gladys Lee, Donald R Lee 1999 Trust, Cindy Moua, Youa Moua, and Realty Roundup Inc., claiming slip and fall injuries on defendants' premises.
Contentions
PLAINTIFF'S CONTENTIONS:
Lisa Larson slipped and fell on a patch of icy sidewalk at the end her driveway. She argued that the fall was caused by malfunctioning sprinklers from the adjacent property, which created a dangerous condition. She sued the landlord of the adjacent property, Donald Lee, for negligence, based on the failure to inspect the property and turn off the sprinklers in the winter.
DEFENDANT'S CONTENTIONS:
Lee denied the allegations and argued that Larson was contributorily negligent for failure to exercise caution while walking even though she knew of the spraying sprinklers.
Settlement Discussions
Larson made a settlement demand of $49,999 and was offered $10,000.
Injuries
Larson claimed she fractured her left ankle and subsequently underwent two surgeries. She also claimed that she developed pain and arthritis in her ankle due to the fracture and had swelling and decreased mobility in the ankle.
Result
The jury found Lee negligent and Larson contributorily negligent, but did not find her negligence caused her injury. It awarded Larson $60,000 for past pain and suffering, $24,468 for past medical costs, and $150,000 for future pain and suffering, for a total award of $234,468.
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