Facts

Christine Skinner was trying to cross Romar Street in North Hills around 11:30 p.m. in early 2003 to enter the passenger side of her friend's vehicle. As she crossed the street, Skinner stepped onto wooden planks lying in the street and fell, injuring her wrist and forearm.

Skinner sued Albert Calabrese, the owner of the property next to where she fell, as well as the city of Los Angeles and its sanitation department, on premises liability and direct negligence theories. The city of Los Angeles was dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Skinner claimed the planks were placed in Calabrese's garbage cans by his tenant and were left in the street when the same tenant returned the trash cans. Skinner argued the planks were overloaded into the trash cans by the tenant and were remnant construction materials that were used to build a shed for the owner.

DEFENDANT'S CONTENTIONS:
Calabrese contested the allegation that the tenant was an agent of the landowner and claimed that taking the trash in and out of the building was the sole responsibility of the tenant, not the landlord. Calabrese also claimed no causal connection between the wood being out in the street and the tenant's actions, arguing there was no evidence showing how the wood got out of the trash can. Finally, Calabrese claimed that Skinner could not establish by preponderance of the evidence that the incident took place as she claimed, due to inconsistencies in her statements as she gave various different accounts of the accident.

Settlement Discussions

The plaintiff demanded $49,999 as per C.C.P. Section 998. The defendant offered waiver of costs.

Damages

Skinner sought $27,216 in past medical bills and $47,500 for future wrist fusion surgery. Skinner did not ask for a specific damages award.

Injuries

Skinner was immediately taken to Granada Hills Community Hospital with injuries to her arm and wrist. She then received treatment at LA/USC Medical center where she had an open reduction internal fixation surgery on her distal radius. By the time the trial had begun, Skinner complained that she was unable to use her right middle finger as that she could not bend it. Calabrese disputed the cause and extent of Skinner's injuries. The defense argued the fall did not cause Skinner to have the surgery and that her medical records and history showed she had a previous non-union fracture of her distal radius and only had one repair performed on her distal radius. Calabrese also claimed that Skinner's broken wrist was not caused by the accident, but was a pre-existing condition that was never fixed. Calabrese added that Skinner had pre-existing severe degenerative arthritis in her wrist and that she would need surgery to fuse the wrist regardless of the accident. Finally, Calabrese claimed Skinner's inability to use her middle finger was also a pre-existing condition, as shown by her medical records.

Result

The jury returned a verdict for the defense.

Deliberation

30 minutes

Poll

11-1

Length

four days