Case details

Plaintiff claimed property owner failed to maintain balcony

SUMMARY

$52192

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, fracture, humerus leg knee, knee, meniscus, tear
FACTS
On Sept. 1, 2009, plaintiff John Pope, 31, a window installer, was at a property owned by Rose Balistreri and located at 126 Ewing Terrace in San Francisco to install a window. Subsequently, Pope fell 15 feet when he stepped on the balcony and it collapsed. Pope claimed to his leg, knee, back and neck as a result of his fall. Pope sued Balistreri. He alleged that Balistreri failed to repair and/or maintain the balcony, creating a dangerous condition. It was ultimately stipulated that there were five rotten cantilever beams. Balistreri denied knowledge of the dangerous condition., After the fall, Pope drove himself to the hospital, where he complained of lower back and neck pain, as well as pain in his left knee. He alleged he sustained a fracture of the humeral head of his left leg. However, a physician found that there was no fracture, but a torn meniscus in Pope’s left knee. Pope subsequently treated with his regular physician and four orthopedic surgeons. He also underwent physical therapy and three MRIs, including an MRI of the lower back and an MRI of the left hip. Pope claimed that despite treatment, he suffers chronic back and neck pain, as well as pain in his knee. He alleged that he did not lose any out-of-pocket pay because his parents, as a collateral source, employed him, but that he had to use his personal time to go to the physician appointments. In addition, the plaintiff’s treating physician gave Pope a weight restriction limit of lifting no more than 30 pounds. Thus, Pope sought recovery of damages, including $15,202 in medical costs, $10,262 for missed work due to physical therapy treatments, and $1,511 for reimbursement of travel time, gas and parking while he was going to treatment. Defense counsel disputed that Pope sustained any long term . Counsel contended that there was no pain or swelling in Pope’s knee when he sought treatment on the day of the accident, and only minimal signs of 21 days later. The parties established a $250,000/$29,000 high/low agreement, whereby the plaintiff would not recover more than$250,000 or less than $29,000.
COURT
Superior Court of San Francisco County, San Francisco, CA

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