Facts

Tanya Ryans sued Daison LLC, LB Three LLC, and Payless Realty Property Management in connection with an alleged fall that occurred on Nov. 11, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff rented a unit on the lower level of a two-story building. The unit above her allegedly leaked, causing a portion of the ceiling to collapse and struck her on the head. She fell backward and struck her head on the windowsill. As such, she sued defendants for premises liability. She claimed defendant's failure to repair the leak created a dangerous condition. Plaintiff also claimed defendants had prior notice of the issue because she had previously complained about it a year prior to the collapse.

DEFENDANTS' CONTENTIONS:
Defendants claimed it had no prior notice of plaintiff's complaint or the allegedly dangerous condition. Defendants contended that plaintiff was persistently late in paying rent, and that the alleged incident occurred when plaintiff was due to pay rent. Defendants claimed plaintiff thereafter failed to pay any rent, prompting defendants to institute a detainer action against her. Although plaintiff eventually vacated the property, defendants claimed plaintiff's version of the events was highly inconsistent with the layout of the bedroom. Defendants also disputed plaintiff's claimed injuries.

Settlement Discussions

Ryans made a CCP 998 demand of $600,000, which defendants countered with a CCP 998 offer of $35,000.

Damages

Ryans sought between $300,000 and $350,000 in damages, which included $79,000 in past medical bills and an unspecified amount for past pain and suffering.

Injuries

Ryans claimed she inured her back and underwent cervical fusion in 2013.

Result

The jury rendered a defense verdict.

Other Information

FILING DATE: Sept. 17, 2012.