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
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)
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.
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