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Personal Injury
Premises Liability
Negligent Repair and Maintenance

Jacqueline C. Ingram v. Lakeview Garden Apartment, FPI Management Inc.

Published: Oct. 26, 2013 | Result Date: Aug. 8, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2011-00099880 Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Louis M. Bernstein


Defendant

Marc C. Gessford


Experts

Plaintiff

Heinyu C. Nguyen
(medical)

Defendant

Sean Shimada
(technical)

Masoud Ghalambor
(medical)

Facts

On Oct. 6, 2009, Jacqueline Ingram was walking up the stairs to her separated husband's apartment. She tripped and fell, hurting her heel. She sued Lakeview Garden Apartment Holmes, the owner of the complex, and FPI Management Inc., the building manager.

Contentions

PLAINTIFF'S CONTENTIONS:
Ingram claimed that the porch area of her husband's apartment had not been maintained in a safe condition, because there had been a warped board. The height discrepancy from the warped board had thrown her off balance and caused her to fall.

DEFENDANT'S CONTENTIONS:
The defendants asserted that no one had seen Ingram fall, and that the height discrepancy caused by the warped board was only half an inch. They also claimed they did not know of the condition, because that area was part of Ingram's husband's apartment, and thus not a common area under their control.

Injuries

Ingram fractured her right heel, requiring surgery.

Result

The jury ruled in favor of the defendants.

Length

four days


#118591

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