Facts

Kendra Staedler sued Galu Realty LLC and the Estate of Dominic Galu Sr., in connection with a slip and fall accident.

PLAINTIFF'S CONTENTIONS:
On Jan. 14, 2012, approximately three weeks after moving into her apartment in San Francisco, plaintiff was injured when she missed one or more steps while descending the staircase and fell to the sidewalk below. Plaintiff claimed the staircase failed to comply with the building code in numerous ways, including the handrail was loosely attached to the wall, was not continuous, did not return to the wall, and was too low on the wall. Plaintiff claimed the staircase itself was too steep, the treads were too narrow and too highly sloped, and the staircase had an inconsistent rise and run. Plaintiff argued that the combination of violations was a perfect storm of dangerous conditions that caused plaintiff's fall. Staedler claimed her injuries were substantial and nearly resulted in amputation of her left leg.

DEFENDANTS' CONTENTIONS:
Defendants contended the building was built in 1907, was up to code for that time period, and no one had ever fallen prior to plaintiff falling. Defendants also contended that a 2006 City and County of San Francisco building inspection did not find any violation with the stairs. Defendant further contended that plaintiff's back problems did not manifest until 1.5 years post-accident, and her lost wages were mitigated by the fact that she is making more now than she did before the accident.

Settlement Discussions

On Aug. 4, 2014, Staedler served a CCP 998 offer for $999,999. On April 21, 2015, the defense served a CCP 998 offer for $100,000.

Specials in Evidence

$501,335 $138,415 $361,539 $367,789

Injuries

Plaintiff claimed she suffered a bicondylar tibial plateau fracture, which injured her anterior tibial artery. She developed compartment syndrome, requiring fasciotomies and external fixation. She underwent follow-up surgery for wound debridement and open reduction and internal fixation, during which hardware was installed in her knee to keep her leg together and provide support. Plaintiff also claimed that during the fall, her front tooth broke off and went through her upper lip. She broke her nose and suffered two black eyes, a slight concussion, and a swollen spinal cord. She also damaged her left clavicle and suffered a bulging disk and lumber facet arthropathy.

Result

The jury found in favor of Steadler, but also found that she was 40 percent liable for the accident. It awarded her more than $2.1 million in total damages. Steadler stood to recover the net amount of $1,261,297.

Other Information

FILING DATE: Feb. 27, 2013.

Deliberation

nine days

Length

12 days