Facts

Plaintiff Mark Donahue tripped and fell on the entry/exit path while leaving a Western Union payment center on Sept. 23, 2006. Donahue filed suit against Chul and Ok An, the building's owners, as well as Nikitasha Inc., Cash 1 and Check 2 Cash, and the An Living Trust, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Donahue contended that the path created a significant hazard due to faulty construction that violated the Americans with Disability Act. Donahue claimed that he tripped on an uneven curb riser, falling on the concrete. He further alleged that the defense had submitted the original plans for the design and construction of the entry to the City of Hayward, but had failed to build and maintain the premises pursuant to the approved plan, in violation of local, state, and federal health, safety, and building codes. Donahue contended that defendants had notice and knowledge of the dangerous condition, with sufficient time to correct it.

DEFENDANTS' CONTENTIONS:
The defense contended, based on their architect's opinion, that the pathway did not violate any building, health, or safety codes. They further disputed Donahue's claimed injuries.

Damages

Donahue sought damages of $350,000 for wage loss, medical expenses, general damages, loss of earning capacity, as well as future medical and rehabilitative therapy, mental anguish and emotional distress.

Injuries

Donahue claimed to have suffered injuries to his left ankle, knee and elbow resulting in internal joint derangement, which limited his abilities to work and engage in recreational activities.

Result

The jury rendered a verdict for the defense.