Facts

Plaintiff Carole Duffy was a school board trustee for the Los Banos Unified School District. The District's superintendent invited board members, including the plaintiff, to tour the construction site of a junior high school in Los Banos on Oct. 21, 2015. Plaintiff reached the multi-purpose building and had to step up approximately 8-10 inches to enter the building. As she stepped up, her foot slipped and her left leg, hit a wooden doorframe spreader.

Plaintiff filed suit against the general contractor, defendant Oral Micham Inc.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant created a dangerous condition on the job site and were negligent in not providing more guidance to the plaintiff and other school board members during the tour, resulting in plaintiff's harm. Plaintiff claimed she sustained a large laceration to her left leg and related physical injuries.

DEFENDANT'S CONTENTIONS: Defendant contended that the job site was a safe as it could be and that there was no dangerous condition. Further, defendant contended that plaintiff had actual notice of the height of the step-up and chose to encounter the step anyway, causing her own harm.

Damages

Plaintiff claimed past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, and physical impairment. CACI 3905A.

Injuries

Plaintiff underwent wound care treatment for several months post-incident and was left a permanent scar on her lower left extremity.

Result

Defense verdict.

Deliberation

20 minutes

Poll

12-0 (defense)

Length

four days