Facts

Anthony Nevarez was descending the exterior stairway at a rental residence when he stumbled against the metal handrail. The handrail gave way, causing Nevarez to fall off the side of the stairs, landing on his head. The stairway was three steps and 24.5 inches from top to bottom.

Nevarez sued Rosaline Diaz and Robert Diaz, the owners and managers of the rental residence, and who maintained the property themselves, for premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the handrail had been improperly repaired and that the defendants had notice of the handrail's defective condition prior to the incident. Moreover, plaintiff also contended that the defendants' failure to repair constituted negligence.

DEFENDANTS' CONTENTIONS:
Plaintiff contended that the handrail was not properly maintained and as a result the premises was uninhabitable pursuant to Civil Code Section 1941.1 (8). Defendant contested the application of the Civil Code, denied responsibility for the accident and alleged that the plaintiff was comparatively negligent.

Defendants alleged that plaintiff's injuries and the need for surgery were caused by his pre-existing degenerative condition.

Damages

Nevarez sought $166,048 in medical expenses.

Injuries

Nevarez claimed injuries to his back and neck. He later underwent a discectomy and fusion as well as an insertion of a cage allograft and anterior instrumentation.

Result

The jury found the defendants negligent, causing Nevarez's fall and injury. The jury then awarded Nevarez $500,000 in damages, which included $166,048 in medical specials and $333,952 for non-economic damages.

Deliberation

1.5 days

Length

six days