Facts

Anthony Piazza sued Mission Beach Townhouse Association, Pickering Properties LLC, Patrice Pickering, Robert Pickering, Susan Pickering and Timothy Pickering, in connection with the unit Piazza was renting at Mission Beach Townhouses in San Diego.

PLAINTIFF'S CONTENTIONS:
Piazza alleged that he was renting a unit in a property owned by Pickering Properties and the individual Pickering defendants. He alleged that he hit his right foot on a sharp object that protruded from a bollard on the ground near the north entrance of the property. He was injured as a result, and sued the homeowners association and the owners of the property for premises liability. Piazza contended that defendants created a dangerous condition by failing to maintain and/or properly repair the area. Piazza contended that he left several messages for the property manager, informing him of the incident and the need to fix the bollard.

DEFENDANTS' CONTENTIONS:
Defendants denied that Piazza made the call, and even claimed that the person who saw Piazza when the incident supposedly happened did not notice anything wrong. Further, defendants contended that Piazza only made a complaint after being told that he was responsible for fines for parking and violations.

Defendants disputed the extent of Piazza's alleged injury, and asserted that Piazza had a pre-existing foot condition. Defendants also disputed notice of the dangerous condition, and that the accident occurred as Piazza claimed.

Settlement Discussions

Plaintiff had previously served a CCP 998 offer for $250,000, and the 2nd offer of $180,000, was served shortly before trial. Defendants did not make any offer to settle.

Injuries

Piazza claimed to have dislocated the joints of his toes, resulting in severe pain. He visited the doctor, where he complained of swelling decreased feeling, and burning sensation. His doctor opined that he would need future surgery to remove the neuroma in his foot.

Result

The jury found in favor of the Mission Beach Townhouse Association. The Pickering defendants were all dismissed on the 4th day of trial for a waiver of costs.

Other Information

INSURER: Allstate Insurance Co. for Mission Beach

Deliberation

3.5 hours

Poll

10-2

Length

five days