Facts

Defendant Antonio Reyes owned a small apartment complex in Alhambra. In front there was a large unit and a long driveway that ran along side of it, leading to a back area where there was a large open concrete courtyard area, beyond which there were two more rental apartment units. Tenants in the rear units had to use the driveway to get to their parking spaces and units.

Mary Hernandez was a tenant in one of the rental units. Ronald Morales, with his toddler son Joshua, 2, lived in the other. On the accident date, Morales was outside playing kick ball with his little boy when Hernandez drove up the driveway toward her unit and then made a right turn at the courtyard area, just past the rear corner of the front unit. She did not see the Morales' at all, and her front right wheel ran over Joshua, causing him serious injury that was life threatening.

Hernandez was sued but she settled short of trial.

Reyes was sued on the theory that his property was dangerous because there was a blind corner at the end of the driveway, which prevented the driver from seeing the boy and his father until it was too late.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the building was dangerous because it had a blind corner where tenants had to drive. Placement of a mirror or even warning signs would have avoided the accident.

DEFENDANT'S CONTENTIONS:
Defendant claimed that every building corner is a blind corner and mirrors aren't necessary at all of them. The condition was open and obvious and not dangerous. The accident was not foreseeable in light of many years of safe use without any accidents.

Specials in Evidence

$70,000

Injuries

Joshua suffered fractures to the skull and pelvis, a punctured lung, a brachial plexus injury, and multiple bruises. He was hospitalized for several days in ICU.

Result

Verdict for Defendant, finding no dangerous condition or negligence.

Other Information

Plaintiff's expert Brad Avrit opined that the property was dangerous and the accident would have been avoided by installation of a $79 mirror.

Deliberation

two hours

Length

three days