Facts

Plaintiff Angelique Vandhana was a tenant at an apartment community owned and managed by defendant Archstone Smith in Ontario. The plaintiff tripped and fell over a crack in the parking lot. The crack was 135 inches long, 1.5 inches wide, and with a maximum elevation difference of half an inch.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the crack was a dangerous condition that should have been repaired by the defendant.

DEFENDANT'S CONTENTIONS:
The defendant contended that the crack in the parking lot was a trivial defect and that it did not owe plaintiff a duty to repair or warn about the crack. The defendant also contended that it was not negligent and that the crack did not cause the plaintiff's fall.

Settlement Discussions

The plaintiff demanded $400,000 pre-litigation and served a C.C.P. Section 998 for $99,500 nine months before trial. The defendant made a C.C.P. Section 998 offer of $20,001 nine months before trial. The defendant did not make any other offers.

Specials in Evidence

$104,000 $8,700 none none

Damages

The plaintiff asked the jury to award over $600,000 in past non-economic damages and over $90,000 in future non-economic damages.

Injuries

The plaintiff ruptured her left Achilles tendon. The following day, the plaintiff ruptured her right Achilles tendon. The plaintiff had surgery on both Achilles tendons and missed approximately six months of work.

Result

The judge granted the defendant's post-trial directed verdict motion finding the crack was a trivial defect.

Other Information

The defendant's motion for summary judgment on the trivial defect issue was denied. The defendant's directed verdict motion during trial was denied. The jury could not reach a verdict on whether the defendant was negligent and the judge declared a mistrial. The defendant is seeking costs and fees. FILING DATE: March 14, 2008.