Facts

Plaintiff Christina Gaitan, 67, tripped on a stairway with two risers at defendant's apartment complex, the Park Glenn Apartments.

PLAINTIFF'S CONTENTIONS:
The fall occurred at night and plaintiff claimed that the area surrounding the stairs was dark and not properly lit causing the premises to be in a dangerous condition.

Plaintiff alleged that defendant was negligent per se for failure to comply with Building Codes that mandated handrails adjacent to the stairway. Plaintiff also claimed the stairs were uneven and differing heights and widths.

DEFENDANT'S CONTENTIONS:
Defendant contended that the premises were not in a dangerous condition and that the Building Codes requiring handrails did not apply.

Damages

Plaintiff claimed past medical expenses after reductions in the amount of $50,000 with future health care costs in the approximate amount of $1.5 to $1.8 million.

Injuries

Plaintiff claimed she sustained a comminuted fracture to her tibial plateau with an avulsion fracture of the tibial tubercle. Open reduction internal fixation was performed with complications intraoperatively. Plaintiff also claimed she developed a post-operative infection with a poor surgical result and a loss of fixation. Plaintiff claimed that as a result of her poor health, additional surgical intervention could not be performed, which caused her to be confined to a wheelchair with loss of use of her lower extremities. Defendant contended that plaintiff's life expectancy was short due to her underlying failing health and consequently future damages both general and special were significantly diminished.

Result

The case settled for $1,750,000.

Other Information

FILING DATE: March 25, 2013.