Facts

The plaintiff rented a home from the defendant. The plaintiff claimed that on July 3, 2003, while exiting her house, she stepped on the landing, which was resting on a dilapidated deck. The landing deflected and, fearing that she was going to fall through, she lost her balance, fell, and fractured her right leg.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the owner of the premises failed to keep his property in good repair. The plaintiff reported the condition of the deck to the defendant in March 2003, and despite assurances that he would replace the deck, nothing had been done by the time of the accident in July 2003.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff fell when her foot slipped off the shoe she was wearing. The boards on the landing were intact, and any decay in the deck was away from the accident site and did not cause her injuries.

Settlement Discussions

The plaintiff initially demanded $450,000, which was reduced to $250,000 pursuant to C.C.P. Section 998. The defendant initially offered $50,000, which was raised to $100,000 pursuant to C.C.P. Section 998. The case was mediated by Michael G. Ornstil on Oct. 27, 2005. The defendants did not increase their offer from $50,000.

Injuries

The plaintiff suffered a broken right leg. A metal plate and screws were placed in the leg. The plaintiff may need to undergo another surgery to remove the metal plate.

Result

Verdict for $280,910.92 ($53,517.92 for medical bills to date; $27,393 for future economic loss, including lost earnings, lost profits, lost earning capacity; $150,000 for past noneconomic loss, including physical pain and mental suffering; $50,000 for future noneconomic loss, including physical pain and mental suffering).

Poll

12-0 on all issues, except 10-2 on defendant's negligence, and whether his negligence was a substantial factor in causing plaintiff's harm

Length

six days