Facts

On April 26, 2002, plaintiff Angelica Tantuico, a 36-year-old assistant insurance agent, was staying at John Walton's condominium in Lake Tahoe. In the evening at 10:30 p.m., she walked out onto the condo's deck and fell through an open snow door onto support beams. This snow door was a hatch that opened upward and, when up, created a hole approximately 4 feet by 4 feet.

PLAINTIFFS' CONTENTIONS:
The plaintiff filed a negligence and premises liability action against Walton and the property management company, Alpine Place Homeowners Association. Her husband, Manley Tantuico, witnessed the fall, and made a claim for negligent infliction of emotional distress.

The plaintiffs claimed that the deck was common to Alpine Place and thus the company was responsible for ensuring the snow door was in its proper position so as not cause a risk of harm. The plaintiff further asserted that Alpine Place failed to place a sign to warn about the dangerous condition. The plaintiff's architectural expert testified that the open snow door violated the building code.

DEFENDANTS' CONTENTIONS:
The defendant claimed that the plaintiff was responsible for taking care and precaution to avoid falling through an open and obvious snow door. It noted that the plaintiff went out on the deck without turning on the outdoor lights. The defense claimed that plaintiff's husband was also at fault. The defense further asserted that the unknown person who opened the snow door and the unknown person who built the snow door were contributorily negligent.

Alpine Place maintained that the deck was for the exclusive use of the Walton unit because it was the only condo that had access to and control over it. It noted the lack of common entrance. Alpine Place also claimed it did not have exclusive and unfettered access to the unit to check conditions on the deck. It asserted that it did not have the responsibility of checking on the condos' decks on a daily basis to ensure that doors were in their proper position.

Settlement Discussions

The plaintiffs made a global demand of $2 million from both defendants (C.C.P. Section 998). Alpine Place HOA's offer was $200,000 (C.C.P. Section 998).

Damages

The plaintiff claimed past and future wage losses between $1,060,115 and $1,305,757, based on spending a lifetime at her job and receiving future promotion. She also sought $1.3 million for pain and suffering, and her husband added a loss of consortium claim for $50,000.

Injuries

As a result of the plaintiff's fall, she fractured her rib, ruptured her spleen, lacerated her kidney and tore her right meniscus. Plaintiff claimed $58,986 in medical specials for her ambulance ride and treatment during a lengthy hospital stay.

Result

Defendant Walton settled for $250,000 before trial. The jury awarded the plaintiff and her husband $180,654: $58,986 past medical costs, $9,169 past lost earnings, $100,000 future pain and suffering and $12,500 past loss of consortium. The award was reduced to $37,500 based on contributory negligence. The jury found Alpine Place 30 percent liable, Walton 30 percent liable, Angelica Tantuico 10 percent liable, Manley Tantuico 10 percent liable, the unknown person who opened the snow door 10 percent liable and the unknown person who built the door 10 percent liable. Both parties filed cost bills. The trial court found plaintiffs were the prevailing party, even though the homeowners association beat its C.C.P. Section 998 offer by more than $150,000. The case eventually settled for $35,000 against the homeowners association.

Other Information

Per defendant, plaintiff received a negligence per se instruction.

Deliberation

three days

Poll

11-1

Length

10 days