Susan Harris, Stephen Harris v. Park Sorrento Condominium Owners Association Inc., Ross Morgan Management Inc., City of Calabasas
Published: Jan. 13, 2004 | Result Date: Dec. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC061180 Verdict – $738,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Scott C. Haith
(Law Office of Scott C. Haith)
Experts
Plaintiff
Nancy E. Fraser
(technical)
Michael Hollis
(technical)
John L. Howard
(medical)
Taryn Johnson
(technical)
Defendant
T. Patrick Hannon
(technical)
Gordon Wainwright
(technical)
Paxton B. Starksen
(technical)
Richard A. Rosenberg
(medical)
Facts
The plaintiff, Susan Harris, age 57, was descending a stairway at night which she had never used before. She lost her balance and fell with resulting fractures to both ankles.
Settlement Discussions
The plaintiff demanded $500,000; the defendants Park Sorrento and Ross Morgan offered $250,000; the City of Calabasas offered $100,000 during trial.
Specials in Evidence
No details provided $300,000 $106,000
Damages
The plaintiff estimated that her loss of ability to provide household services was approximately $120,000.
Injuries
The plaintiff suffered a bimalleolar fracture of her right ankle and a trimalleolar fracture of her left ankle. She had open reduction of both fractures, was in hospital for 13 days and was non-ambulatory for about three and a half months. Both experts opined that she would benefit from the removal of the hardware in her left ankle but disputed the cost of surgery. One of the plaintiff's experts opined that she would likely develop arthritis and would need further surgery in about 10 years.
Result
The jury found in favor of the plaintiffs and against Park Sorrento and Ross Morgan, The jury attributed fault of 5 percent against the City of Calabasas but found no notice to the city. The plaintiffs elected to waive the 5 percent rather than send the verdict back to the jury for further clarification. The jury attributed 45 percent of the fault to Park Sorrento; 45 percent to Ross Morgan and 5 percent to the plaintiff. They found special damages of $270,000 and general damages of $550,000. The jury awarded damages for loss of consortium to the plaintiff husband of $1. After taking into account the offset for the city's attributed fault and contributory negligence, the total verdict was $738,000.90 plus costs.
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