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Personal Injury
Premises Liability
Dangerous Condition

Josie Apodaca v. Chun Ming Liu, Si Yi Huang and Does 1 through 100

Published: Jun. 16, 2012 | Result Date: Apr. 12, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG11562215 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Mary Theresa Dumont


Defendant

Truman Phan-Quang


Experts

Plaintiff

Claudio Bluer
(technical)

Defendant

Benjamin J. Ewers III
(technical)

Facts

Josie Apodaca was visiting her friend's apartment when she injured her left foot as a result of a fall in the bathroom entrance. She sued the building landlords, Chun Liu and Si Huang, for failing to properly maintain the property.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was not aware of the step-down into the bathroom and contended that there was no proper landing, causing her foot to roll. She further contended that defendants violated California Building Code Section 1009.5 and 1008.1.6, which covered landings and thresholds.

DEFENDANTS' CONTENTIONS:
Defendants contended that no building codes were violated. They further contended that plaintiff was contributorily negligent.

Damages

Apodaca sought no less than 41,620 in past medical expenses.

Injuries

Apodaca sustained a fracture on her left foot, and although she was not treated at the scene, she later sought emergency room treatment on four occasions. She continued to suffer from residual pain.

Result

The jury rendered a defense verdict.

Deliberation

two hours

Length

three days


#111410

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