Case details

Failure to repair faulty stairs caused fall, plaintiff alleged

SUMMARY

$434900.08

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical, neck, sprain, strain
FACTS
On Feb. 23, 2009, plaintiff Chris Burtleson, 29, a pipe layer, was exiting his apartment at the Garden Vista Apartments on Swezy Street in Marysville when he fell down a flight of 20 concrete stairs, his lower back. Burtleson sued the owner of the property, Richard Gherman, and the employer of the on-site property manager, Select Property Management. He alleged that there was rotten wood on the landing and a loose metal strip on the stairs. Thus, he claimed that the defendants knew of the faulty condition, but failed to take appropriate actions to repair them, creating a dangerous condition. The defendants originally contended that they had no notice of the condition. However, just prior to trial, they admitted a breach of their duty., Burtleson was taken by ambulance to Rideout Memorial Hospital, where he was treated and later discharged. He alleged an aggravation of a pre-existing lumbar condition at the L4-5 and L5-S1 levels, as well as a cervical sprain/strain . Burtleson claimed that as a result, he would require lumbar fusion surgery. At the time of the incident, Burtleson was off from work as a pipe layer. He claimed that his prevent him from ever being able to return to that profession. He alleged that, instead, he had to obtain work at his family’s ranch, working in a limited fashion. The defense’s orthopedic surgery expert testified that, at most, Burtleson suffered lower back that would have only had a three-week duration.
COURT
Superior Court of Yuba County, Marysville, CA

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