Facts

Nancy Gambino sued Cypress Point RE Investors LLC, Braddock & Logan Services Inc., Lora Van Den Heuvel, and Larry Van Den Heuvel, in connection with a fall that allegedly occurred on March 1, 2014.

Before trial, plaintiff agreed to dismiss defendants Larry Van Den Heuvel, Lora Van Den Heuvel, and Paradise Landscape Professional Tree Care in exchange for a waiver of costs. The trial proceeded against defendants Cypress Point RE Investors and Braddock & Logan Services.

PLAINTIFF'S CONTENTIONS:
Plaintiff was walking through an open grass area on the Cypress Point apartment complex to retrieve a pet waste bag from a pet waste station when she lost her footing and fell. The ground was overly saturated and contained numerous hidden holes, divots and depressions that made the area dangerous. Plaintiff contended that the location of the pet waste station was poorly designed because the pet waste station was located over 50 feet from the nearest concrete walkway.

Plaintiff suffered a significant fracture of her left leg and sued defendants for dangerous condition of property.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations. Defendants also contended that the condition on the property was open and obvious given that it had just rained over three inches just prior to the alleged fall. Defendants also contended that plaintiff was familiar with the area and that she should have known of the supposed dangers. Further, defendants contended that plaintiff simply slipped on wet grass. Defendants denied that the pet waste station was unsafe and that it was properly placed where it was. Defendants also disputed the extent of plaintiff's claimed damages.

Settlement Discussions

Gambino made a CCP 998 demand of $1 million, which defendants countered with a $150,000 offer of settlement.

Damages

Gambino incurred approximately $120,000 in past medical expenses, which she waived at the time of trial. She also suffered $78,000 in past lost earnings, and had a future loss of earning capacity of $314,000, all of which were waived at trial. Her future medical expenses totaled between $2 million and $2.25 million, and she demanded past and future pain and suffering.

Injuries

Gambino fractured her left ankle and underwent an Open-Reduction Internal Fixation surgery to repair it. She then underwent a second surgery approximately 14 months after the incident and a third surgery approximately 2 years following her fall. Despite extensive treatment, she developed Complex Regional Pain Syndrome, which according to her treating physician, as well as plaintiff's retained expert, would require lifetime care.

Result

The jury found Gambino 75 percent liable for her injuries and defendants Cypress Point RE Investors and Braddock & Logan Services 25 percent liable. The jury awarded Gambino $2,781,465, which included $1,292,465 in future economic damages, $475,000 in past non-economic damages, and $1,014,000 in future non-economic damages.

Other Information

After the offset and defendants agreement to pay recoverable costs in the amount of $23,192, plaintiff recovered $718,558. Defendants also subsequently moved the pet waste station to the location upon which plaintiff's experts concluded it should have been in the first place.