Donavon McCullough v. Ralph Wallace Johns Trust, et al.
Published: Sep. 28, 2004 | Result Date: May 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC797354 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Jon B. Miller
(Miller Johnson Law)
Experts
Defendant
Bruce D. Greene
(technical)
Facts
The plaintiff was a 23-month-old infant who resided with his mother and other relatives in a second floor apartment in El Cajon, owned and managed by the defendants. The plaintiff had walked onto the apartment's balcony by himself and may have been climbing on high chairs which had been left there by the residents of the apartment. On July 24, 2001, the plaintiff fell over the railing and off the balcony, suffering serious injuries. The defendants had, on at least three previous occasions, served written warnings on the occupants of the apartment, informing then that unattended children had been observed playing on the balcony and climbing on property left on the balcony, and that these conditions violated the apartment complex's rules. On receipt of these warnings, the occupants of the apartment agreed to take care of the problem.
Settlement Discussions
None dissclsoed.
Specials in Evidence
in excess of $2 million
Damages
The plaintiff's fall off the balcony allegedly caused him to suffer serious and permanent brain damage.
Result
The court granted the defendants' motion for summary judgment, ruling that, on the facts alleged, the defendant landowners and property managers did not have a duty to evict the plaintiff and the other residents of the apartment.
Other Information
The plaintiff has appealed.
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