Case details
Apartment owner claimed no notice of broken stairs
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
amnesia, back, brain, brain damage, brain injury, cervical, cognition, emotional distress, head, headaches, insomnia, lumbar, mental, neck, psychological, sprain, strain, thoracic head, traumatic brain injury
FACTS
On March 31, 2015, plaintiff Jamal Yusuf Ali, a 45-year-old unemployed man, fell while he was descending a wooden stairway that led from his second-floor apartment, in San Diego. He landed on the ground, and he claimed that he suffered of his back, his head, a knee, his neck and his shoulders. Ali sued the apartment’s owner, Robert Delaurentis, misidentified in court filings as Robert “De’Laurentis.” Ali alleged that Delaurentis was negligent in his maintenance of the apartment, creating a dangerous condition and making the apartment uninhabitable. Ali also alleged racial and religious discrimination. Ali claimed that the wooden stairs broke as he walked down them, causing his fall. He claimed that he had repeatedly complained about the stairs since moving into the apartment in 2012 and that he had made the complaints to the apartment’s property manager, who was an agent of Delaurentis. Ali maintained that he complained that the stairs were old, cracked, rotten and in disrepair, but that nothing was done throughout his years at the apartment. He also claimed that Delaurentis failed to warn him about the dangerous condition of the stairs. Ali further claimed that the apartment was uninhabitable because the exterior light was broken for the majority of his tenancy and that the broken light made it dangerous to use the stairs at night. He also claimed that the light was not fixed until approximately one month before the fall. In regard to his discrimination claim, Ali alleged that his downstairs neighbor, who was white, made similar complaints about his apartment and that the neighbor’s complaints were addressed right away. However, Ali, who is black and Muslim, maintained that his repeated complaints about the stairs and the exterior light were ignored. After plaintiff’s counsel rested its case, defense counsel asked for a nonsuit on the discrimination claim. The motion was granted, so the defense’s arguments only addressed the negligence and uninhabitability claims. Defense counsel maintained that the property was not in bad repair and that Ali was able to inspect the apartment before he moved in. Counsel also maintained that the light in question was never broken. The apartment’s property manager denied having any knowledge of a broken light or staircase. The defense’s safety expert analyzed a photograph of the staircase in question and concluded that the stairs were safe and that they did not cause Ali’s fall. Defense counsel noted that Ali was in the process of moving out of the apartment at the time of the fall and contended that Ali had probably dropped something on the staircase during his move. Counsel argued that a dropped item, and not the condition of the staircase, caused Ali’s fall. Counsel further noted that Ali had a history of falls in other locations., Ali was placed in an ambulance, and he was transported to Scripps Mercy Hospital. He complained of pain to his head, neck and back, along with tingling in his hands. He received head CTs that showed no intracranial hemorrhage, and neck and back CTs that showed no fractures. He was diagnosed with a cervical strain, and thoracic and lumbar sprains. Ali also claimed that the fall caused soft tissue to both of his shoulders and a traumatic brain injury. A subsequent evaluation revealed mild amnesia, a possible spinal contusion and blunt force torso trauma. Ali stayed at the hospital overnight and was released the next day. Ali began a course of conservative treatment, including chiropractic care, from June 2015 to August 2015. He also saw a physical pain and rehabilitation doctor in October 2015 and had ongoing treatment at his local Veterans Affairs clinic through the time of trial. In addition, Ali began seeing a psychologist, who diagnosed him with post-traumatic stress disorder. Ali had six appointments with the psychologist between May 2016 and November 2017. Ali claimed the brain injury caused constant headaches along with pain in his right eye. He also complained of associated nausea, vomiting, dizziness, loss of equilibrium, and decreased memory. He further claimed he is having trouble sleeping. Ali maintained that he is in constant pain due to his , which affects his activities of daily living. He also maintained that he is no longer able to travel or sit in a car for extended periods of time. He additionally claimed that he is now more distant toward his wife. Ali sought recovery of past medical expenses, and damages for his past and future pain and suffering. Defense counsel noted that Ali had been involved in multiple car crashes and workplace accidents in the years before and after the subject fall. Counsel argued that as a result, there was no way to tell which resulted from the staircase accident. The defense’s expert cyber investigator looked at photographs taken after the subject fall, which were from Ali’s online presence and social media accounts. The pictures showed Ali traveling and smiling alongside his wife. Based on those photos, defense counsel disputed the extent of Ali’s and the effect the had on Ali’s marriage.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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