Facts

The plaintiffs, Evelyn and Andreas Thomopoulos, husband and wife, leased an apartment at Oakwood Worldwide LP Woodland Hills. In January 2006, Evelyn, 71, tripped over a folded door mat that was propping open a fire door as she was carrying groceries to her apartment. Archstone Smith Operating Trust owned and managed the apartment complex.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Archstone Smith and Oakwood, created, maintained, and allowed a dangerous condition to exist by placing and maintaining the doormat outside the door. Defendants' on-site property manager admitted in a deposition that they placed the mats, unsecured, in the doorways. Defendants' property manager also admitted in deposition that he had observed the unsecured doormats in dark hallways, rolled up and being used as doorstops and that he would remove the mats and replace them flat whenever he observed that condition. Nonetheless, defendants did not remove the mats. Plaintiffs' expert Brad Avrit testified that the mats (which were the same color as the cement upon which they were placed) were unnecessary and in fact created a dangerous condition by their unsecured placement in poorly lit hallways.

Plaintiffs contended that when a landlord creates the dangerous condition, traditional notice is not an issue according to California law.

DEFENDANTS' CONTENTIONS:
Archstone Smith argued that it did not create a dangerous condition merely by placing a mat outside an entry door to the apartment building and that its employees had not used the mat to prop open the door on the day the plaintiff was injured. Archstone Smith contended it did not have actual or constructive notice of the allegedly dangerous condition. There had not been any similar incidents of tenants or guests tripping over the mats. Finally, Archstone Smith argued that a folded mat holding open a door is an open and obvious condition.

Settlement Discussions

The plaintiffs demanded $1 million. Archstone Smith made no offer.

Injuries

Evelyn Thomopoulos fractured her right shoulder and underwent surgery to insert a titanium rod in her right arm and shoulder. She was hospitalized for several months and incurred nearly $150,000 in medical expenses. She claimed temporary amnesia and depression. Andreas Thomopoulos claimed loss of consortium.

Result

Summary judgment granted for defendant Archstone Smith. Judge Richard A. Adler found no evidence that Archstone Smith staff propped open the door with the mat on the day of the incident and, more importantly, that there was no evidence of how long the door was propped open before the plaintiff fell. Accordingly, the plaintiffs did not present facts creating an inference that the condition existed long enough for the owner to have discovered it.

Other Information

The plaintiffs filed a notice of appeal. Archstone Smith is seeking costs.