Facts

Denise Herron and her boyfriend went to see a concert on Sept. 2, 2009 and were directed to a parking lot named "the Jungle" located in a Griffith Park canyon, managed by Nederlander-Greek Inc. Exiting the parking lot required that patrons either walk down a narrow dirt road into oncoming traffic, or climb over a fence with a three foot drop on the other side. Herron exited over the fence, but fell from the ledge, sustaining injuries to her right ankle.

PLAINTIFF'S CONTENTIONS:
Herron filed suit against Nederlander-Greek, alleging premises liability and negligent maintenance. Herron contended that she was unable to see where she was going before the fall, and that the parking lot was an area between two hills laid with dirt. She further alleged that the lights were out before that night, and a Nederlander-Greek employee testified it was pitch black the night of the accident. Herron contended that the conditions of the parking lot exposed guests to the risk of death or serious bodily injury.

DEFENDANT'S CONTENTIONS:
Nederlander-Greek contended that Herron caused her own injuries and that the parking lot was adequately lit. It further alleged Herron should have seen the drop on the side of the fence.

Injuries

Herron sustained open comminuted fractures to the distal portions of her right tibia and fibula, and had an external fixator placed along with three additional surgeries. Herron's ankle remains in two pieces, and she uses a scooter device to move. Future surgeries are required.

Result

The jury found the parking lot to be a dangerous condition, awarding Herron $3,236,455.31 in damages, offset by a finding that Herron was 27.5 percent comparatively liable.

Deliberation

one day

Length

one week