Facts

Plaintiff Jennifer Ann Marcia, age 22, alleged that on July 20, 2004, while exiting her apartment, she slipped and fell on a liquid substance put on the landing and steps leading to plaintiff's apartment, causing her to fall down a flight of stairs. The plaintiff claimed the substance had been negligently placed or allowed to accumulate by agents and employees of a carpet cleaning company, defendant 3-D Restoration Services LLC, which had been hired by defendant Arnel Management Company to clean the plaintiff's carpet.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Arnel Management Company was liable for negligently owning and managing the property. The plaintiff further contended that 3-D Restoration Services was liable for creating the dangerous condition that caused the plaintiff's injuries.

DEFENDANT'S CONTENTIONS:
Defendant Arnel Management Company contended that they had no actual or constructive notice of any dangerous condition, nor did they create any dangerous condition on its property.

Injuries

The plaintiff suffered a severe recurrent and persistent left shoulder multidirectional instability after traumatic dislocation. The plaintiff underwent left shoulder arthroscopy with posterior labral reconstruction, posterior capsular plication and anterior capsular plication with interval closure. The plaintiff claimed that she would require additional surgery on this shoulder. The plaintiff was unable to work for over a year due to her injuries.

Result

On April 20, 2007, the court granted Arnel Management Company's motion for summary judgment. After the court's ruling, Arnel Management Company requested that 3-D Restoration Services dismiss its cross-complaint for equitable indemnity for a waiver of costs. When 3-D Restoration refused to do so, Arnel entered into an agreement to waive costs against the plaintiff in exchange for her waiver of any rights to appeal the court's ruling on the Arnel Management Company's motion for summary judgment. Arnel Management Company then filed a motion for good faith settlement determination, which was granted by the court on July 20, 2007, resulting in the dismissal of the 3-D Restoration cross-complaint, with prejudice. Plaintiff's claims against 3-D Restoration have not been resolved yet. Trial is set for Nov. 13, 2007.