Scott Clawson and Delona Clawson v. Jeffrey Halloran; Diane Halloran; Burgess-Landreth Associates, Inc.; and Laguna Woodworks, Inc.
Published: Oct. 26, 2013 | Result Date: Mar. 5, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00560269 Settlement – $240,000
Court
Orange Superior
Attorneys
Plaintiff
W. Douglas Easton
(Easton & Easton LLP)
Matthew D. Easton
(Easton & Easton LLP)
Defendant
Dawn M. Ebert
(Law Office of Andrew W. Macrae)
Facts
On July 7, 2011, Scott Clawson was walking up the steps to his rental property. When he turned to go back down, his foot missed one of the steps and he fell. Clawson then sued the property's owners, Jeffrey Halloran and Diane Hallorwan. Clawson also sued the architects and builders for the project.
Before Clawson's lawsuit, he was also engaged in a suit with the Hallorans over rent and property improvements. The two matters were joined, but the trial court later decided that the matters were not related and separated them again.
Contentions
PLAINTIFF'S CONTENTIONS:
Clawson argued that the defendants had not properly maintained and repaired the stairway. Clawson claimed that the Hallorans had previously tried to improve the property through some reconstruction. The building did not meet current housing codes, and the Hallorans had tried to fix that. However, when revising the area leading up to the front door, they did not install a handrail, as was required by the housing codes for that type of riser.
DEFENDANT'S CONTENTIONS:
The Hallorans claimed that Clawson was responsible for his own accident, because he knew the state of the property and the steps.
Damages
Clawson requested $13,465 in medical costs and $100,000 in lost income.
Injuries
Clawson fractured his left ankle and required an open reduction and internal fixation of the ankle.
Result
The parties settled for $240,000.
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