Facts

On Feb. 17, 2007, plaintiff Karen Lollar was visiting her son, Ryan Snyder, at a house he rented in Mariposa from defendants Ken and Denise Trappen. Lollar claimed she was outside on the deck and leaning against a gate when the gate suddenly opened and Lollar fell to the ground below. The gate did not have a latch. Lollar sued the Trappens for negligence.

PLAINTIFF'S CONTENTIONS:
Lollar contended that the Trappens were negligent in failing to maintain the deck and should have secured the gate with a latch.

DEFENDANTS' CONTENTIONS:
The Trappens contended that it was their renter, Lollar's son Snyder, who was responsible for the fall and negligent. Snyder had notice of the danger the gate presented. He had warned prior guests and had seen another guest almost fall through the gate. Snyder should have warned plaintiff, secured the gate himself, or insisted that the Trappens secure the gate. The Trappens filed a cross-complaint against Synder claiming he caused the accident.

Settlement Discussions

Plaintiff demanded $1,200,000. Defendants made a C.C.P. section 998 offer of $275,000.

Specials in Evidence

$75,000 approximately $900,000 for lost earnings and lost household services.

Damages

Plaintiff sought damages for medical expenses, lost income, lost household services, and pain and suffering.

Injuries

Lollar was diagnosed with fractures to her left shoulder, wrist and pelvis, and a compression fracture to her L1. Lollar also claimed a residual frozen shoulder.

Result

The jury found that the Trappens were negligent and 40% at fault for the injury. Snyder was found 60% at fault. The jury awarded plaintiff $175,000, but the amount will likely be reduced.

Other Information

Safeco was the insurer for the Trappens.

Deliberation

four hours

Length

seven days