Facts

On Nov. 25, 2007, plaintiff Jabarra Athas, 57, an interior designer, was on the second floor of a two-story residential construction site owned by her clients. As Athas was exiting the site, she walked through a hallway with an open stairwell to pick up a template. As she turned to pick up the template, she reportedly fell approximately nine-to-10 feet through the unprotected, open stairwell.

Alleging negligent maintenance of the construction site, Athas sued building owners Anthony and Karen Zabit; Anthony's mother, Theresa Zabit, who handled communication between the contractors; and their general contractor, Daniel McCarron. Prior to trial, Theresa Zabit was dismissed via summary judgment and McCarron settled out for $500.

PLAINTIFF'S CONTENTIONS:
Athas alleged that three to four weeks prior to the incident, McCarron removed a railing bordering the stairwell in order to install new flooring. However, he failed to replace the railing. Further, when McCarron began preparing to install an interim railing, Anthony Zabit stated that the railing was not needed. Plaintiff's counsel argued that the Zabits never relinquished control of the site to McCarron and that he had been general contractor in name only.

DEFENDANT'S CONTENTIONS:
The Zabits asserted that Anthony Zabit actually told McCarron to install the railing and did not say that the railing was unnecessary. Further, they argued that McCarron was in charge of replacing the railing, both as general contractor and as the person who removed it.

Settlement Discussions

Athas demanded $165,000 with indications of accepting $125,000, while the defense offered $50,000

Damages

Athas sought medical costs of $27,878, future surgery costs totaling $36,600, and damages for past and future pain and suffering. The defense contested the amount of future medical care that Athas claimed she would require.

Injuries

Athas sustained transverse-process fractures at L3 and L4, a fractured rib, a partial rotator cuff tendon tear and a superior labral disruption to the right shoulder. She treated conservatively, including one emergency room visit, massage therapy, several months of physical therapy and seeing an osteopath and an orthopedic surgeon. She claimed the need for future shoulder surgery.

Result

The jury determined that Athas' injuries were worth $155,460, comprised of $28,860 for past medical costs, $36,600 for future medical cost, $60,000 for past pain and suffering, and $30,000 for future pain and suffering. The jury also determined that the Zabits were 75 percent liable, McCarron was 15 percent at fault as an acting employee of the Zabits, and Athas was 10 percent negligent. After liability apportionment, the award was $139,914. The court then added $18,203 in costs to plaintiff's counsel.

Other Information

Travelers insured the Zabits.

Deliberation

eight hours

Length

four days