Facts

On March 17, 2004, 4 year old plaintiff Crisbeli Torres fell through the railings of her apartment's balcony in Oakland, California, falling one story and hitting her head on the sidewalk.

Torres, through her guardian ad litem Ama Murilla, filed suit against the owners and operators of the apartment building, 2856 Fruitvale Properties, Decade Management, and Mario Garcia, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Torres contended the opening on the balcony was an unsafe condition and that, during her tenancy, defendants had covered the openings with plastic netting to prevent children from falling through, but the netting had constantly needed repair. Torres contended that the netting had not been replaced for up to two years before the incident and that it was removed a by maintenance worker a few days before the accident.

DEFENDANTS' CONTENTIONS:
Defendants contended that the balcony was not a dangerous condition and that Murillo was comparatively liable. The defense argued that Torres' sibling might have pushed her through the opening. The defense contended that Torres had not sustained even a minor brain injury from the accident and no evidence connected her learning disability to the incident.

Damages

Torres sought $13,490 in past medical expenses, as well as past and future pain and suffering. She also sought future special education expenses of $120,000.

Injuries

Torres sustained a closed head injury and was diagnosed with edema to her frontal lobe. She also experienced nausea and headaches and became hyperactive and more aggressive after the incident. Torres subsequently suffered cognitive defects, including poor memory and difficulty concentrating, as well as a low IQ.

Result

The jury rendered a verdict for the defense.

Deliberation

2.25 hours

Poll

11-1

Length

nine days