Facts

On Sept. 21, 2006, plaintiff Steve Vorndran, 47, suffered multiple severe spinal fractures when he fell from his entryway deck over 10 feet to the ground below. Defendant contractor Richard Joseph & Company had been hired by plaintiff's condominium association to install new siding on the building.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Richard Joseph & Company made unauthorized alterations to his balcony deck and guardrail system thus leaving the guardrail system in an unsafe condition.

The plaintiff claimed to have been injured when he leaned against the top rail surrounding his deck and it flexed outward causing him to lose his balance and tumble underneath the railing to the ground below. The defendant had allegedly removed the midrails around the deck.

DEFENDANT'S CONTENTIONS:
The defendant denied that it left plaintiff's deck in an unsafe condition. The defendant disputed how the accident occurred, as plaintiff was able to make it back into his condominium after his fall. He went to bed that night and did not call for emergency assistance until some 10 hours later.

The defendant contended that plaintiff was comparatively negligent, as he was aware of the conditions of his deck and railing systems at all times; and that plaintiff had been drinking alcohol before his fall.

The defendant sued the condominium association as a third party defendant claiming it had a duty to maintain the premises in a safe condition.

Specials in Evidence

$192,000 $55,000 $55,000 $242,000

Injuries

The plaintiff suffered eight fractures from C1-T3. A posterior fusion was performed from C5-T5 with instrumentation. A halo ring and vest was installed to stabilize plaintiff's cervical fractures. The plaintiff had no neurological deficits from his injuries. The plaintiff made an excellent recovery from his injuries. Within two months of his accident, he was walking 10 miles a day. Within six months of his accident, he had returned to engaging in his full activities, including riding his bike on 100-mile trips. The plaintiff's treating doctor testified that plaintiff would likely require a future spinal surgery and that he would develop degenerative changes in his spine over time. The defendant claimed that plaintiff made an excellent recovery from his injuries and that his need for future medical care was speculative.

Result

The case settled for $975,000.