Facts

Plaintiff Lina Kreymer, 35, was a resident of Casitas de Alipaz Condominium Association's property at the time of the incident.

On Jan. 16, 2007, at 10:30 a.m., plaintiff was walking with her small dog, on a leash, in a common area of the condominiums. As plaintiff stepped on an 18"x18" cement square in the middle of a walkway, she allegedly lost her balance and caught her toe on a jagged hole in the corner of the square.

As it turned out, years earlier, defendant had cut down a tree, which was growing in an 18"x18" tree well. Defendant poured concrete into the tree well to cover the tree stump. Over the years, the tree stump grew under the concrete pad, forcing it up until it teetered on the stump.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant negligently maintained the property and as a result, plaintiff was injured due to a dangerous condition.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff lacked credibility because she was convicted of heroin-related felonies and child endangerment and then lied about it in discovery. Defendant claimed that plaintiff's version of the fall was false and even if true, plaintiff contributed to the cause of her fall. Defendant also claimed that based on plaintiff's MRI scans and prior lower back complaints, plaintiff's spinal condition pre-existed the fall.

Settlement Discussions

Plaintiff made a CCP 998 demand of $150,000. Defendant offered $20,000 at start of trial.

Specials in Evidence

$142,000 (on liens) none

Injuries

Plaintiff suffered a herniated disc at L4-5, requiring surgery after unsuccessful conservative treatment.

Result

The jury awarded $160,000. With 15 percent comparative ($136,000) and with expert and litigation costs, the judgment totaled $157,122. With 10 percent interest from May 14, 2010, the judgment totaled approximately $180,000.

Other Information

Defendant has a motion to tax costs set for Nov. 22, 2011.

Deliberation

four hours

Length

four days