Facts

In September of 2017, Plaintiff Gloria Carpio was a 60-year-old, female day laborer providing residential cleaning services for tenants of the defendant landlord(s). After cleaning the 2nd floor, Plaintiff attempted to descend the interior staircase and fell causing a left tibial plateau fracture requiring internal fixation and an extended stay at a convalescent rehabilitation facility.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the first tread of the staircase was in violation of LA Building Code 3306(i) because its run was less than nine inches. Plaintiff further contended that after the initial fall, plaintiff's injuries were exacerbated by the presence of an "open staircase" which was a further code violation LA Building code section 3306(j).

Plaintiff contended that the defendants created the dangerous conditions by renovating their property in 2006-07 and therefore could not argue lack of notice.

DEFENDANT'S CONTENTIONS: Defendants contended that Plaintiff did not fall from the first tread. Defendants contended that plaintiff actually fell from the top landing which was code compliant. Defendants further contended that even if plaintiff fell from the first (code violative) tread, the violation was de minimus and not a substantial factor. Defendants further argued that plaintiff did not fall from the open staircase exacerbating her injuries.

Insurer

Defendants were uninsured.

Settlement Discussions

The parties attended mediation which did not result in a settlement. Each party filed competing Pretrial CCP 998's which were rejected. (Defense CCP 998 was $149,999.00. Plaintiff's CCP 998 was $349,999.99).

Specials in Evidence

Meds: $43,736 Loe: $115,000 Future Loe: $80,000 Future Meds: $30,000

Injuries

Plaintiff suffered left tibial plateau fracture.

Result

Plaintiff's verdict for $568,735

Deliberation

1.5 days

Poll

12-0

Length

six days