Facts

Don Hemphill, 53, lived at a mobile home park in Borrego Springs, owned by Roadrunner Club LP. While walking over a common lawn area, Hemphill tripped and fell over an uncovered drain hole. The hole had been covered by grass, and several pieces of the drain fitting were broken off. The lawn was regularly mowed by Wright Family employees, but no one could explain what had happened to the drain cover or its fitting.

PLAINTIFF'S CONTENTIONS:
Hemphill argued that defendants had not properly maintained the lawn area, creating a dangerous condition and resulting in his injuries.

DEFENDANT'S CONTENTIONS:
Roadrunner Club LP claimed it did not know of the uncovered drain hole, and thus could not be held responsible.

Settlement Discussions

Plaintiff's demand before trial was $1 million. Defendants offer before trial was $2,500.

Damages

Hemphill sought $151,900 in past medical costs, and $20,000 in future medical costs.

Injuries

Hemphill fractured his right collarbone and tore his right shoulder.

Result

A jury awarded Hemphill $311,900.

Other Information

FILING DATE: June 25, 2012

Deliberation

five hours

Poll

12-0 (negligence), 11-1 (causation and damages)