Robert W. Sweetin, Esq. of Matheny, Sears, Linkert & Jaime recently obtained a defense verdict following a 4-week trial in Sonoma County. The plaintiff, a 78 year-old retiree, was leaving the apartment complex when he tripped and fell at the lobby entrance on a door mat owned by the property management company. Plaintiff alleged he suffered injuries to his spine, face, left shoulder, back, right knee, and hip as a result of the property management company’s failure to inspect and maintain the property and the door mat.
Plaintiff was taken via ambulance to Santa Rosa Memorial Hospital, underwent spinal surgery and was diagnosed with central cord syndrome. After a 10 day stay, Plaintiff was transferred to an acute care facility, until he was ready to begin physical therapy at Kaiser. Plaintiff then went to stay at a senior living facility, where his treatment continued and is expected to continue throughout Plaintiff’s lifetime. Plaintiff’s expert estimated that past medical expenses were $595,014 and that future medical expenses would range between $1,724,793 and $3,691,123. Plaintiff asked the jury to award $12 million in total damages, estimating about $4 million in economic damages and $8 million in noneconomic damages.
Defense argued that the property management company was not negligent in its management of the apartment complex, and that Plaintiff’s life care plan was pre-mature, resulting in inflated damages. After a 3 week trial, the jury deliberated for 3.5 hours and rendered a complete defense verdict. This followed a 998 Demand by Plaintiff of $1,450,000 and a 998 Offer by Defendant of $750,000. Post-trial motions for new trial and judgment notwithstanding verdict were denied. Defendant was awarded costs totaling about $60,000.