Joey Houser v. Villa Tahoe Condominiums, et al.
Published: Feb. 22, 1997 | Result Date: Dec. 5, 1996 | Filing Date: Jan. 1, 1900 |Case number: SV0599 – $36,055
Judge
Court
American Arbitration Association
Attorneys
Plaintiff
Defendant
Facts
On Nov. 26, 1994, plaintiff Joey Houser, a 27-year-old jewelry salesperson, was a guest at defendant Villa Tahoe Condominiums in South Lake Tahoe for the Thanksgiving weekend. At approximately 7:30 p.m., the plaintiff was exiting the condominium complex on her way to the parking lot when she slipped and fell down five metal stairs covered with ice and snow. The plaintiff bounced down the five stairs on her buttocks before landing on the ground. The plaintiff's boyfriend carried her back to the condominium where she rested for the remainder of the evening. The following morning, the plaintiff checked out of the condominium and went home. Two days later, the plaintiff presented at a chiropractor for complaints to her lower-back and buttocks. She was diagnosed with a fractured coccyx and neck and back strain. The plaintiff treated with a chiropractor for approximately two years post accident, and still complains of lower-back and buttocks pain. The plaintiff brought this action against the condominium owners and the maintenance company based on premises liability and negligence theories of recovery.
Settlement Discussions
Per the defendants, the plaintiff made a $65,000 settlement demand to Villa Tahoe Condominium Association, a $75,000 settlement demand to Terry's Maintenance Service and a $40,000 settlement demand to Villa Tahoe Condominium. The defendants had previously offered $30,000 in full settlement, which offer was rejected by the plaintiff.
Specials in Evidence
$9,573.85
Injuries
The plaintiff alleged she suffered a fractured coccyx as well as back and neck injuries.
Other Information
The award was rendered approximately one year and two months after the case was filed. The arbitration was held on Dec. 5, 1996 before Judge John Boskovich resulting in the reported award. Liability was stipulated to between the parties after the plaintiff deposed the person most knowledgeable for defendants Villa Tahoe Condominiums and Terry's Maintenance Service. The arbitration was conducted as a high/low binding arbitration, with a ceiling of $100,000 and a floor of $30,000. On the date of the incident, South Lake Tahoe experienced one of the worst snow storms in the last 20 years. EXPERT TESTIMONY: The independent medical examiner who reviewed the plaintiff's records and examined her, concluded that she did not sustain a fractured coccyx, and that some of the treatment modalities she received were unreasonable and unnecessary.
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