Facts

Rie Nakajima sued Russell Miller dba Anaheim Hills Racquet Club, in connection with a trip and fall incident that allegedly occurred on Sept. 13, 2014.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a guest of a member of the Racquet Club. She was watching a tennis match when a tennis ball landed near her. As she attempted to throw the ball back to the players, plaintiff slipped, fell off the patio, and sustained injuries. Plaintiff sued the operator of the Racquet Club, alleging negligence. Plaintiff alleged that defendant failed to maintain a safe condition for failing to have a slope in the patio and failing to install guardrails.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and contended that plaintiff was to blame for her own injuries.

Settlement Discussions

Nakajima made a CCP 998 demand of $200,000, which Miller countered with a CCP 998 offer of $150,000.

Damages

Nakajima sought $650,000 in total damages.

Injuries

Nakajima fractured her dominant elbow and underwent surgery to repair it. She now has permanent scarring at the sight of surgery, which caused permanent disability, as she was no longer able to use her arm.

Result

The jury found in favor of Miller.

Other Information

The court has granted plaintiff's motion for a new trial. FILING DATE: April 20, 2015.