Facts

On Feb. 17, 2013, George Albert Sotolongo, 54, drowned in a swimming pool located in the common area of an apartment building where he was a resident. The apartment is managed by Mabry Management Co. and owned by both Case F.D. Sole Proprietorship and Case Land Partnership.

Plaintiffs were decedent's adult children.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended the pool was in an unsafe condition on the property where the decedent drowned. They alleged that a fence should have been built around the pool to prevent drownings. Plaintiffs sought to recover general damages resulting from his death.

DEFENDANT'S CONTENTIONS:
At the time of his fatal accident, decedent was intoxicated, his blood was withdrawn post-mortem by the coroner's office and quantitatively analyzed for ethanol. The lowest reading was .40, which is five times the legal lower threshold for a DUI. Defendants contended that the only cause of the death was the level of the decedent's intoxication. Defendants claimed that Dennis Case owned the property.

Defendants contended that the pool was safe as configured. Defendants claimed that the pool was enclosed within the apartment complex, and did not need an additional fence. Defendants argued that no one else had drowned in almost 40 years.

Settlement Discussions

Plaintiffs served CCP 998 for $100,000 per plaintiff. Defendants served a CCP 998 for $25,000 per plaintiff.

Result

Defense verdict on the issue of negligence for both defendants.

Other Information

FILING DATE: Dec. 19, 2013.

Deliberation

five hours

Length

eight days