Facts

On Feb. 28, 2012 Joseph Battaglia and Susan Reese, both in their 40s, were at an apartment complex in San Diego owned by Christopher Arnicar. Arnicar had asked for Battaglia's and Reese's help in removing a fallen tree limb from the roof of one of the buildings. Another part of the tree broke off and hit Battaglia and Reese, injuring them both. Battaglia and Reese sued Arnicar. Arnicar and Battaglia settled. Arnicar brought a third party lawsuit against the property's handyman Steven Delao and Delao's company, 4S Ranch Handyman.

PLAINTIFF'S CONTENTIONS:
Reese alleged that Arnicar negligently maintained the tree because of its improper lacing, pruning and/or trimming. She further argued that the overgrown tree had become top heavy and that a reasonable inspection would have revealed such issues. She contended that a professional should have maintained the tree.

DEFENDANT'S CONTENTIONS:
Arnicar blamed Delao for the incident, arguing that Delao, as property manager associate for Russ Eskilson Real Estate, should have hired a professional to perform work on the tree.

Settlement Discussions

Reese made a CCP Section 998 demand for $250,000 and Arnicar made a CCP Section 998 offer of $150,001.

Damages

Reese claimed that she had to close down her Mexico Safari Surf Camp due to her injuries and seek other work that did not allowed her to stay off her ankle. She sought $92,997 for past medical costs and $3,170 for future medical costs, as well as damages for past and future suffering, pain, and loss of enjoyment of life.

Injuries

Reese's claimed injuries included a head injury and cuts to her scalp and mouth. She also fractured her right ankle and had a splint placed on it.

Result

The jury found that Arnicar was negligent and determined he was 75 percent liable while Delao, as a property manager associate for Russ Eskilson Real Estate, was 25 percent liable. It awarded Reese $175,000 for past pain and suffering, $70,000 for future pain and suffering, $92,997 for past medical cost and $3,170 for future medical cost, for a total recovery of $341,167.

Other Information

FILING DATE: Feb. 28, 2014.