Facts

Gilda De Paz sued VPMG 1772 Preuss LLC and Vivian Aryeh, in connection with fall that allegedly occurred on Feb. 10, 2015.

PLAINTIFF'S CONTENTIONS:
Gilda De Paz, a housekeeper, was working at a house in Los Angeles owned by VPMG. She opened a hallway door believing it was a closet. She stepped in and fell 12 feet down a staircase to the basement. De Paz, 66, broke her right humerus and her left wrist. She underwent open reduction internal fixation, followed by physical therapy.

De Paz sued the company that owned the home and the tenant who leased it. She alleged that the stairway was dangerous in that it was too steep and the handrail was not to code. She also claimed that the defendants failed to warn of the dangerous condition.

DEFENDANTS' CONTENTIONS:
Defendant denied the extent of plaintiff's claimed injuries. Defendant also disputed plaintiff's claimed economic damages.

Settlement Discussions

Plaintiff demanded the owner's $1 million insurance limits with Aspen Insurance. The carrier offered $200,001 per CCP 998, which the plaintiff rejected, and the case proceeded to trial on damages.

Damages

The property owner admitted liability and causation just before trial. Plaintiff waived her claim for economic damages and sought non-economic damages only for pain and suffering.

Injuries

De Paz fractured the bones in her arms and wrist. She underwent surgery to repair them, followed up by months of therapy. Despite treatment, she continued to experience decreased range of motion, weaker grip, and pain. The defendant argued that plaintiff had made a complete recovery, that she had regained full range of movement in her shoulder, and that she had only minimal loss of grip strength. Ms. De Paz's treating surgeon and the defense expert witness agreed that plaintiff had regained full functional range of motion.

Result

The jury awarded $1.5 million, including $1.25 million for past pain and suffering and $250,000 for future pain and suffering.

Other Information

Plaintiff requested $223,100 in prejudgment interest based on the statutory settlement offer and approximately $67,800 in costs. The tenant's insurer tendered its policy limits of $300,000 just before trial. The court has denied defendant's post trial request for a set-off of the $300,000 pre-trial settlement. According to plaintiff, total recovery for the plaintiff is approximately $2.1 million.