Facts

On March 5, 2008, at 10:15 p.m., plaintiff David Dines, 19, a student at the University of California at Santa Cruz, went to an informal student gathering at the Upper Quarry Amphitheater, an outdoor amphitheater, which is adjacent to an abandoned limestone quarry on the campus. Approximately 25 students gathered around a bonfire on the stage area of the amphitheater and drank beers. Around midnight, UCSC police officers arrived on the scene because of the illegal campfire, and the partygoers dispersed from the dark amphitheater in various directions. Plaintiff went up the stairs and exited through a large gap between a fence and a handrail at the back corner of the amphitheater to avoid the police officers. Plaintiff traveled approximately 15 paces down a path before falling off a 25-foot cliff into the quarry.

Plaintiff sued the UC Regents for a dangerous condition of public property under Cal. Government Code section 835.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the area from which he exited the Upper Quarry Amphitheater constituted a dangerous condition of public property because there were no protective barriers or signage indicating that there was a large drop from the quarry edge.

DEFENDANT'S CONTENTIONS:
Defendant contended that it was not responsible for plaintiff's injuries because the area was a natural condition of public property, thus defendant was immune under Cal. Gov. Code section 831.2. Defendant also contended that plaintiff did not exercise due care.

Defendant argued that the Upper Quarry Amphitheater had been closed to the public since September 2006, and that signs were posted at the main entrances of the amphitheater warning that it was closed at the time of the accident. Defendant also contended that plaintiff was trying to flee UC police officers and was intoxicated at the time, citing to the medical records, which stated that plaintiff admitted to consuming 10-12 beers that evening.

Injuries

Plaintiff sustained multiple left ankle and foot fractures, a closed head injury, facial bone fractures to the eyes and nose, multiple left rib fractures, and a collapsed lung. Plaintiff was airlifted to Stanford Hospital, where he was admitted for four days, then spent months in physical therapy. Plaintiff returned to classes the following fall semester and graduated in 2011. Plaintiff's orthopedic expert, Dr. Thomas Sampson, stated that plaintiff would likely require future orthopedic care, including an ankle fusion or ankle replacement surgery. Defendant's orthopedic expert, Dr. Lin Ho, testified that plaintiff would not require future orthopedic treatment for his injuries.

Result

The jury found that plaintiff was harmed by a dangerous condition of defendant's property, and found that defendant was 67 percent liable for the injuries. The jury awarded plaintiff $60,600 in past medical expenses, $56,910 in future medical expenses, $125,000 for past pain and suffering, and $75,000 for future pain and suffering. The jury award of $317,510 was reduced by plaintiff's comparative fault of 33 percent to $212,731.

Deliberation

four hours

Poll

12-0

Length

four days