Facts

Jacqueline Romano was walking down a stopped elevator in the rain at a shopping center in Studio City when Romano twisted her ankle as she reached the end of the escalator. Romano sued Laurel Center Group L.P., the operator of the shopping center, for her claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was aware that having an exposed escalator in the rain with no barricade constituted a dangerous condition. Plaintiff further contended that defendants failed to provide warnings to customers to avoid or beware of the dangerous condition. Plaintiff contended that defendant was negligent for leaving a known dangerous condition accessible to customers.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions and contended plaintiff had an alternative route available to them instead of attempting to take the escalator that was cut off. Defendant also contended that plaintiff was not paying attention and had plaintiff been more careful when approaching the escalator, she would have noticed the warnings and that the escalator was not working. Defendant also contended that plaintiff appreciated and assumed the risk of the escalator as evinced by plaintiff telling her mother and daughter not to use the escalator on the day of plaintiff's incident.

Settlement Discussions

Plaintiff made an offer to compromise pursuant to Section 998 for $999,995, which was met with a $250,000 counteroffer.

Damages

Plaintiff's counsel asked the jury for $1.3 million.

Injuries

Jacqueline Romano broke three bones in her ankle and required an internal fixation with plates and screws to repair.

Result

The jury delivered a verdict in plaintiff's favor for $270,000. She was found 90 percent liable and apportioned $27,000.

Other Information

During deliberations, defendant agreed to a guaranty of $100,000 in the event of a verdict of less than $100,000.