Facts

Alondra Garcia sued JH Real Estate Partners Inc., All Valley Washer Service, Inc., Coastal Ontario LLC, and Towne Center Property Management Inc., in connection with a slip and fall accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff slipped and fell in the laundry room of her apartment building. As such, she sued the property manager, the washer vendor, and owners of the complex for premises liability and general negligence. Plaintiff contended that a washer had been leaking, and caused a puddle that ultimately resulted in her fall. Plaintiff asserted that defendants had the duty to inspect the washing machine, which would have revealed the faulty washer and the eventual discovery of the water accumulation in the laundry room.

DEFENDANTS' CONTENTIONS:
Defendants denied being on notice of any washer leaking and contended that any puddle or water accumulation would have been open and obvious to plaintiff. Defendants also disputed the extent of her claimed injuries, contending that her nasal fracture was inconsistent with the fall as she described it.

Settlement Discussions

Garcia demanded $970,000 in settlement. Each defendant offered $20,000 in settlement.

Injuries

Garcia claimed she fell flat on her face, resulting in a fractured nose. She also claimed injuries to her left shoulder and left knee as well as a head injury and other spine injuries. She was taken to the emergency room where she underwent a surgery to straighten her nasal septum. She claimed she would need future surgery.

Result

JH Real estate and Coastal Ontario were dismissed before trial began. Ultimately, the jury found Garcia 80 percent liable, Towne Centre 20 percent at fault, and All Valley not liable for the alleged fall. It then awarded Garcia $216,485 in damages, including $156,485 in past medical expenses, $10,000 in future medical expenses, and $50,000 in past non-economic damages. The award was reduced to $43,297.

Other Information

Def. AVWS was awarded $25,000 in costs against Garcia's net judgment of $43,297. In addition, Garcia did not better her 998 offer and had to pay her expert's costs.