Facts

On Jan. 2, 2008, plaintiff Rafael Deschamps fell from the third floor of his apartment building, at 522 Merritt Ave in Oakland, after he had walked to the deck behind the apartments in order to call to his son, who was next door. The entire railing connecting the outside walls of the apartments collapsed after Deschamps took a step towards it, lightly placing his right hand on top, in order to lean over to call his son. Deschamps fell two stories, striking a wooden fence and landing on the ground.

PLAINTIFFS' CONTENTIONS:
Deschamps and his son, who found his father injured after the fall, filed suit against the building owner, Douglas Wong, alleging negligent maintenance. They contended Wong was guilty of malice, fraud, and oppression for allowing the property to deteriorate and fall into disrepair causing serious dangerous conditions, including the collapsed railing. An expert for Deschamps found Wong had failed to conduct routine maintenance, as well as violations of building codes, construction standards, and permit codes. The expert further noted that Wong had notice of the rotted railing, having tried to brace it using short pieces of wood. The Deschamps further contended that Wong consciously disregarded known risks and failed to or inadequately repaired known dangers, including the railing.

DEFENDANT'S CONTENTIONS:
The defense admitted premises liability.

Damages

Deschamps sought $51,870 in past wage loss and $279,346 in future lost wages, as well as $631,628 in total special damages.

Injuries

Deschamps suffered permanent knee injury, including right knee deformity below the tibia with the right lower leg rotated inward, edema, effusion to the right knee and possible calcaneal fracture. He also sustained a laceration and abrasion to the top of his head, a hematoma and soft-tissue swelling, as well as an abrasion to his right elbow and post-operative anemia. Deschamps underwent right patellar tendon repair, lateral knee reconstruction, ligament reconstruction, arthroscopic surgery, debridement and shrinkage of anterior cruciate ligament and degeneration of distal ACL graft.

Result

The parties reached a settlement for $1,066,960, which included $1 million policy limits and $66,900 from the owner of the apartment.