Case details

Cement wall’s dangerous condition resulted in leg injuries: plaintiff

SUMMARY

$6273495

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, fracture, knee, leg, meniscus, nerve, neurological, scar, tear
FACTS
On June 28, 2011, plaintiff Matthew Paulson, 20, a college student, was visiting his friends, all San Diego State University students, at a home they rented near campus. While in the backyard, Paulson claimed one of his friends suggested that a 6.5-foot freestanding, concrete, block wall would be a good wall for “parkour.” Paulson then ran and jumped on the wall. However, during his attempt to pull himself up and over the wall, it collapsed onto Paulson, pinning his legs underneath the rubble of the cement. Paulson subsequently sustained multiple traumatic to both legs. Paulson sued the owners of the rental property, Joel Berman; Donald Berman, acting individually and as co-trustee of the 2000 Berman Family Trust; Penny Berman, acting individually and as co-trustee of the 2000 Berman Family Trust; and Virtuosic Properties Inc. Paulson alleged the defendants failed to properly repair the wall or warn of its dangerous condition. Prior to trial, Penny Berman and Virtuosic Properties were voluntarily dismissed from the case. Plaintiff’s counsel contended that Paulson was visiting his friends to see their new home, which they had started renting from Joel and Donald Berman a few weeks prior. However, counsel noted the wall only had reinforcing bar up to 20 inches above the ground. Plaintiff’s counsel argued that a reasonable inspection of the property would have required a contractor or structural engineer to look closely at the wall and that, using a “rebar detector,” an inspection would have discovered the wall was not properly reinforced. Thus, counsel argued that the defendants failed to correct or warn of the wall’s condition. Defense counsel contended the wall had stood on the property for nearly 50 years and was built to code at the time. Counsel also contended Joel and Donald Berman did not have to bring the wall up to code, since it posed no threat and did not constitute a dangerous condition. Thus, defense counsel argued that the incident was caused by Paulson’s own negligence by horsing around with his friends and attempting to scale the wall. Furthermore, defense counsel contended that there was conflicting evidence as to whether the tenants may have been climbing or “parkouring” the wall in the days and weeks leading up to the collapse., Paulson sustained a fractured right femur, as well as a severed femoral artery that resulted in compartment syndrome. He also suffered a fractured left tibia and a torn meniscus in his right knee. Paulson was subsequently taken by ambulance to an emergency room, where he underwent both internal and external fixation of his fractured femur with plating and rodding on June 28, 2011. He then underwent the procedure again on July 5, 2011. In addition, Paulson underwent a total of three fasciotomies with multiple skin grafts to treat compartment syndrome, as well as a vein transplant from his left to right leg, and insertion of an IVC filter to stop blood clotting. As a result, he remained hospitalized for two months and wheelchair dependent for nearly a year afterward. Paulson then treated with physical therapy. Paulson claimed he suffers from chronic pain, walks with a limp, and has limited range of motion in both legs. He alleged that as a result, he is now very limited in physical activities, such as running and jumping. He also claimed he has permanent scarring/disfigurement of his right leg from the fasciotomies and skin grafts. Paulson further claimed he still requires surgeries to treat his knee injury and to remove the IVC filter. Thus, Paulson sought recovery of approximately $10 million in total damages, including $473,495 in past medical costs, $1.4 million in future medical costs, and an unspecified amount of general damages for his past and future pain and suffering. Defense counsel argued that Paulson made a good recovery from all of his leg . Counsel also contended that plastic surgery in the range of $7,000 would drastically improve the appearance of Paulson’s right leg.
COURT
Superior Court of San Diego County, San Diego, CA

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