Facts

Defendant El Campanil Theatre Preservation Foundation purchased a performance arts theater built in 1928, replaced the seats in 2004, and re-opened it as a local center for the performing arts.

On June 14, 2009 at 2:20 p.m. at El Campanil Theatre in Antioch, plaintiff Shirley Bartschi, age 67, a retired manager of a court reporting service, bought four tickets for a matinee performance of "The Sound of Music." She arrived first and sat in the fourth seat of the first row of the Loge (or lower balcony) section. Her son, daughter-in-law, and 3-year-old granddaughter joined her, taking the first three seats off the aisle just as the musical began.

Within minutes, there was a medical emergency occurring in the 7th or 8th seat of that same row, with patrons calling, "Help!" and "Call 9-1-1!" Ms. Bartschi's family got up to move out of the way to allow help to get to the stricken patron. In the dark and confusion, Ms. Bartschi did not see that there was a 7" drop from the floor of her row to the adjacent landing, which was not marked. She fell 10' over the descending stairs and landed directly on her head, sustaining brain damage.

Subsequently, lights were installed on the leading edge of the isle steps.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed violations of the 2001 Building Code.

DEFENDANT'S CONTENTIONS:
Defendant claimed that this was an historic building not subject to the 2001 Building Code.

Settlement Discussions

Plaintiff demanded $1,000,000 policy limits. Defendant made no offer until the day before trial.

Specials in Evidence

Hospitalization in Kaiser, Redwood City Antioch, and Walnut Creek.

Damages

Despite numerous requests and subpoenas, Kaiser failed to produce any medical billings for the two weeks of inpatient treatment, but past hospitalization was estimated ranging from $213,556 to $281,330. It submitted only a lien for $20,000 of outpatient treatment, which no doubt held up settlement. Plaintiff claimed $459,000 in impairment of earning capacity and $1.2 to $1.8 million in future medical care, all of which defense disputed.

Injuries

Ms. Bartschi suffered brain damage resulting in impaired short-term memory and significantly impaired balance. Ms. Bartschi was knocked unconscious, developed both a subdural and intracerebral hematoma, underwent a craniotomy, and spent two weeks in a neurosurgical ward.

Result

The parties reached a settlement of $1 million.