Case details

Tenant responsible for ice removal, homeowners claimed

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm
FACTS
On Feb. 9, 2008, plaintiff Rebecca Peralto, 35, a property manager, slipped and fell on some ice in the driveway of her rental home in Big Bear City, her arm. Peralto sued the owners of the rental home, Charles and Robin Gehrke for premises liability. Peralto alleged that the only way to exit the house and go to the street was down a steep driveway. She claimed that the defendants orally told her they would be responsible for the maintenance of the property, and the removal of all snow and ice, but failed to properly do so. The plaintiff’s accident reconstruction expert argued that the driveway violated codes and was dangerous due to the degree of its slope. The Gehrkes denied any dangerous condition existed and, according to the defense’s accident reconstruction expert, no code violation existed. The Gehrkes also denied any oral representation was made. Defense counsel argued that the lease agreement stated that the plaintiff was responsible for her own maintenance. Thus, counsel contended that Peralto should have exercised due caution being that Big Bear has had snow and ice in the past and that the accident took place during cold conditions in February. Defense counsel also argued that Peralto had notice of the driveway’s slope, as she had lived there for about 18 months before the accident., Peralto suffered a midshaft humerus fracture to her right, dominant arm. She subsequently went to an emergency room following the fall and was initially placed in a cast. However, the bones did not realign and Peralto underwent an internal fixation surgery with the placement of hardware. Following surgery, she underwent a period of outpatient therapy. Peralto claimed that she has since developed complex regional pain syndrome, also known as reflex sympathetic dystrophy, which causes her daily pain and physical limitations, such as having trouble lifting objects. She alleged that as a result, she would need pain management and a possible surgery. She also claimed that her have forced her to give up her job in property management and to curtail her abilities as an artist. Thus, Peralto sought recovery in excess of $450,000 in damages. Defense counsel conceded that Peralto suffered the fracture and required a surgery, but denied her alleged residual damages. The defense’s expert orthopedic surgeon opined that, based on the symptoms presented by Peralto, she was not suffering from complex region syndrome.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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