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Personal Injury
Premises Liability
Apartment Building

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

Richard E.L. Strauss

Court

San Diego Superior


Attorneys

Plaintiff

Darrell N. Erwin


Defendant

Jon B. Miller
(Miller Johnson Law)

Scott A. Johnson


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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