Facts

Maria Garcia-Aguirre lived in an apartment complex in Canoga Park, which Allied Investors Management LLC owned. On July 2, 2011, while walking in a common area, Garcia-Aguirre fell and suffered injuries. She sued Allied.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Allied negligently maintained the complex, causing a dangerous condition to occur on an outside staircase. She alleged that sap dripped onto the landing of the stairs and that her shoe became entangled momentarily in the sap, causing her to fall. In addition, she argued that defendant knew about the sap and didn't bother to fix the situation, which should have been frequently picked up from the floor.

DEFENDANT'S CONTENTIONS:
Allied argued that the sap didn't amount to a dangerous condition because it wasn't sticky enough to cause a person's foot to get stuck. Defendant argued that plaintiff caused her own injuries because she was attempting to transport a big package in her arms and became unsteady as a result.

Settlement Discussions

Garcia-Aguirre demanded $82,500 and the defendant offered to waive costs under CCP Section 998.

Damages

Garcia-Aguirre sought $100,00, which included about $20,000 in past medical costs, $2,000 in past lost earnings, $20,000 in future medical costs and pain and suffering damages.

Injuries

Garcia-Aguirre sustained back injury, neck injury, a fractured humerus, arm scarring, soft tissue injuries and strains and sprains. She required physical therapy, internal fixation, open reduction and implantation of pins and screws.

Result

The jury returned a defense verdict.