Case details
Step at gate was open and obvious, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anterior cruciate ligament, fracture, knee, medial meniscus, tear, tibial plateau
FACTS
On Jan. 24, 2015, plaintiff Gerald Hoffman, 73, a professional actor, was at the home of Baraka Williams, from whom he was taking his first voice-training lesson. As Hoffman was leaving the studio, he came to a gate in the side yard of the property and took a step down. However, he tripped and fell to the ground. Hoffman claimed to his left knee. Hoffman sued the property owners, Baraka Williams and Mark Williams. Hoffman alleged that the area by the gate constituted a dangerous condition and that the Williamses failed to warn of that condition. Hoffman’s counsel contended that the step at the gate exceeded code requirements in terms of height, which was more than what was permitted under the code. Counsel also contended that the Williamses failed to warn Hoffman about the dangerous step. Defense counsel argued that the current code did not apply to the property and that the alleged dangerous condition was open and obvious., Hoffman sustained to his left knee, including a non-displaced fracture of the medial tibial plateau, a knee joint effusion, a complete tear of the anterior cruciate ligament, and a longitudinal oblique tear of the posterior horn and body of the medial meniscus. He also complained of radiating pain and tingling from the left knee, and pain in his right knee and right leg. Hoffman presented to a hospital, where he was treated. He ultimately received multiple pain injections and underwent surgical repairs of the tears in his left knee. Hoffman claimed that although he received injections and underwent surgical repairs, he will still eventually need a partial knee replacement to his left knee. The plaintiff’s expert orthopedic surgeon opined that Hoffman’s future care costs would total $100,000. Plaintiff’s counsel asked the jury to award Hoffman $599,930 in total damages, which included past and future medical costs, and past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Alhambra, CA
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