Facts

On Jan. 22, 2006, Nataliya Lekareva and her husband, Emil Rayzberg, both aged 77, visited the San Francisco Symphony. Lekareva fell down steps while looking for a seat in the dark. She landed on her face. Lekareva and Rayzberg sued the city and county of San Francisco, the symphony, and Golden State Carpet Service Inc., claiming that the stairs constituted a dangerous condition.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the stairs were very steep, did not have proper railing, and had improperly placed visual cues. In addition, the view down from the stairs to the stage was visually disturbing and disorienting. Further, the defendants knew of the dangerous condition.

DEFENDANT'S CONTENTIONS:
The defense argued that the stairs complied with requirements and that Lekareva fell due to dizziness caused by a car accident, which had occurred the previous day.

Golden State Carpet claimed that the last time it had performed any services at the Symphony Hall was 10 years before the accident.

Damages

Lekareva sought $86,000 in medical costs as well as damages for pain and suffering. Rayzberg sought damages for loss of consortium.

Injuries

The plaintiffs' injuries included apnea, concussion, facial bone fractures, head injury, loss of consortium, post-concussion syndrome, and wrist injury.

Result

The parties settled for $203,700. The city and county and the symphony will pay $190,700 and Golden State Carpet will pay $13,000.

Other Information

Clarendon National Insurance Co. insured the symphony. According to Golden State Carpet's counsel, Golden State Carpet settled the case for less than the costs of defense.