Facts

Caroline Bengston filed a lawsuit against San Francisco Supply Master Inc. doing business as Clean Master and Cord Investment Co., in relation to an accident at a property. Cord cross-complained against San Francisco Supply for indemnification.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that on Aug. 31, 2010, she was at a property leased by San Francisco Supply and owned by Cord, when she stepped on a rotting pallet and fell through it. She argued that the defendant should have taken better care of the area and that this failure caused a dangerous condition.

DEFENDANT'S CONTENTIONS:
Cord argued that San Francisco Supply put the pallet in the relevant area and put a particle board on top, and that it was required to defend and indemnity Cord under the lease. San Francisco Supply on the other hand argued that Cord was obligated to maintain the location. Defendants also claimed that plaintiff's injuries were not caused by the incident.

Settlement Discussions

Plaintiff demanded $3.235 million and a joint offer of $500,000 was made.

Damages

Plaintiff sought $6 million, consisting of special damages of $1.6 million.

Injuries

Bengston suffered lower back injury, and required lumbar fusion and hip replacement.

Result

The jury found in favor of the defense, determining that plaintiff failed to establish that the incident substantially factored into bringing about the injuries.