Case details

Landlord’s failure to repair driveway caused fall: tenant

SUMMARY

$21768

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
avulsion, chin, dental, face, facial laceration, fracture, fractured teeth, lip, mouth, nose, tooth, tooth loss, upper teeth.
FACTS
On Sept. 12, 2012, plaintiff Mirna Saygh, 28, a vocational school student, went to visit another tenant who lived on a property in Pasadena that was owned by John Melkonian. Saygh moved into a a unit near the back of the property five days earlier and went to visit a tenant who lived toward the front part of the property. After her visit, Saygh was walking on the property’s driveway back to her unit about 150 feet away when she allegedly tripped and fell. Saygh claimed to her face and mouth. Saygh sued Melkonian. Saygh alleged that Melkonian was negligent in the repair and/or maintenance of the driveway, creating a dangerous condition. Saygh contended that at the time of the incident, there were no lights along the driveway and that it was pitch black out. She also contended that the driveway was in poor condition with cracks, potholes and uneven surfaces and that Melkonian failed to repair it, despite knowing that tenants would use it to walk back and forth. Thus, Saygh claimed that one of her feet got caught in a crack in the driveway, causing her to trip and fall. She alleged that as a result, she was injured when her mouth struck the cement and asphalt driveway. Defense counsel denied that Saygh fell on Melkonian’s property and contended that, instead, Saygh was injured somewhere else the previous night. Specifically, Saygh’s friend testified that Saygh told her that she was injured when she fell out of her boyfriend’s car the night before. Regardless, defense counsel argued that the driveway was not dangerous and that Saygh had been living at the property long enough to know the condition of the driveway., Saygh sustained a fracture of one of her upper teeth, tooth number eight, and her lip was lacerated. She also sustained lacerations and abrasions to her face and chin. Saygh’s godfather subsequently drove her to a hospital, where she received stitches. However, Saygh ultimately had to have some of her teeth removed. The plaintiff’s dental expert testified that Saygh currently has infections in her gums and will require root canals, as well as dental implants for the fractured teeth. Defense counsel argued that any Saygh sustained were from when her boyfriend threw her out of a vehicle. In addition, the defense’s dental expert disputed the nature of Saygh’s alleged dental issues, other than fractured tooth number eight.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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