Facts

Vera Johnson, 70, filed a lawsuit against Willow Oaks Park LLC in relation to an accident that occurred on Sept. 15, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that during a visit to the Desert Willow RV Resort, she stepped on a concrete slab that was next to parked RVs. She alleged that there was no lighting for the row of RVs she was walking next to, and that her foot was trapped in a crack, which made her fall and hit her head on the concrete. She alleged that defendant negligently maintained the area and caused a dangerous condition because it should have fixed the crack on the slab and provided proper lighting.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiffs' allegations that she ever fell and whether there was a dangerous condition at all. Defendant claimed that plaintiff cut through a row of RV's, had on flip-flops and did not have a flashlight although she knew about the cracks in the slabs from previous visits to the park. In addition, defendant argued that the accident did not cause her subdural hematoma and that she already had many cognitive and mobility problems.

Settlement Discussions

Plaintiffs demanded $2,250,000 under CCP Section 998 and defendant offered $225,000. During trial, defendant waived the right to appeal or seek a new trial pursuant to a high low settlement agreement before the verdict, under which it would pay a minimum of $1 million even if plaintiffs lost and the maximum of the $6 million in policy limits, plus costs and CCP 998 interest.

Damages

Plaintiff stipulated past medical costs were $67,771.60.

Injuries

Plaintiff suffered cognitive impairment, craniotomy, subdural hematoma and traumatic brain injury. Her husband, Horace Johnson, 73, sought loss of consortium.

Result

The jury awarded plaintiffs $3,708,689, finding that Willow Oaks Park was negligent and their negligence was a substantial factor in causing plaintiffs' harm. which consisted of to Vera's husband and Vera was awarded $3,515,689, which included $67,772 in past medical cost, $1,150,000 in future medical cost, $462,500 in past non-economic damages and $1,835,417 in future non-economic damages. Horace Johnson was awarded $193,000 for loss of consortium.

Other Information

Plaintiffs' motion for cost of proof sanctions in the amount of $374,904 and defendant's motion to tax plaintiffs' CCP 998 costs and interest of $408,747.50 is currently pending.

Length

six weeks