This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Dangerous Condition

Arturo Placencia v. Brookside Apartments, Jamboree Management Company, Huntington-Humboldt Limited Partnership and Casa La Veta Homeowners Association

Published: Nov. 24, 2017 | Result Date: Feb. 15, 2017 |

Case number: 30-2015-00807640-CU-PO-CJC Verdict –  Defense

Judge

Mary Fingal Schulte

Court

Orange County Superior Court


Attorneys

Plaintiff

Robert M. Zavidow
(Law Offices of Larry H. Parker Inc.)

Mindy S. Bish
(Bish Law APC)


Defendant

David A. Belofsky
(Belofsky Law Group PC)

Danielle M. Doumar


Facts

Arturo Placencia sued Brookside Apartments, Jamboree Management Co., Huntington-Humboldt Ltd. Partnership and Casa La Veta Homeowners Association, in connection with a slip and fall incident that allegedly occurred on Oct. 8, 2014, at around 8:30 p.m.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff was helping his friend move out of one of defendants' apartments when, as he was carrying a mattress, he slipped on the sidewalk and fell, injuring his leg. As such, plaintiff sued defendants alleging premises liability for failing to properly maintain the sidewalk, resulting in a dangerous condition. Water allegedly collected in the sidewalk, causing the sidewalk to become slick.

DEFENDANTS' CONTENTIONS: Plaintiff was allegedly inattentive and was the sole cause for the slip and fall. Defendants denied that the sidewalk was in a dangerous condition. Defendants also disputed the extent of plaintiff's claimed damages.

Injuries

Placencia sustained a fracture and dislocated his right fibula. He underwent surgery, which was followed up by months of physical therapy. Despite surgery and treatment, Placencia continued to suffer from pain, stiffness, numbness, and tingling in his right foot. Consequently, he could no longer perform activities he previously enjoyed.

Result

The jury rendered a verdict in favor of the defense.


#128572

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390