Case details

Tenant claimed ice from automatic sprinkler caused slip and fall

SUMMARY

$2300000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, frontal lobe contusion, traumatic brain injury
FACTS
On Jan. 13, 2013, plaintiff Allan Weisshar, 64, a pediatrician, was at his rented house in Ukiah when he slipped and fell in the driveway. Weisshar struck his head. Weisshar sued the company that rented the house to him and his wife, Realty World Selzer Property Management. Weisshar alleged that Realty World failed to properly manage, maintain and/or control the rental property. Weisshar contended that he slipped on “black ice” on the driveway. He claimed that the invisible ice was created by a collection of run-off water from the automatic front lawn sprinklers. Weisshar contended that the sprinklers were programmed to operate at approximately 5 a.m., multiple times per week, but that neither he nor his wife had not been informed or instructed about the sprinkler system, including how to program it or turn it off. The plaintiff’s investigator photographed large areas of water on the driveway and sidewalk at 5 a.m., 10 months post-accident, and claimed that the water was caused by the sprinklers oversaturating the front yard. The rescuing paramedic also confirmed at his deposition that the ice was in the same location as the water depicted in the photographs. A neighbor also confirmed at his deposition that the automatic sprinklers operated multiple times per week before dawn and caused water on the driveway and sidewalk. Defense counsel contended that the sprinkler system had been turned off before the Weisshar and his wife rented the house., Weisshar suffered bilateral frontal and temporal brain contusions, and a thoracic spinal cord contusion. He was subsequently taken by paramedics to a Kaiser Permanente hospital, where he remained hospitalized for eight weeks while undergoing neurological care. No surgery was necessary for his . Weisshar alleged that he suffered residual that included a loss of executive function and bladder control. Thus, he sought recovery of $442,904 in past medical care while at the hospital and $1,104,000 in loss of earnings until he is 70 years old. His wife, Marcy Weisshar, 61, sought recovery for her loss of consortium. All the experts testified at expert depositions.
COURT
Superior Court of Mendocino County, Mendocino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case