On Aug. 22, 2012, plaintiff Chelsea Sena, 23, an employee in the tech industry, fell out of a window in a building in Los Angeles that was owned and operated by KBP Investco LLC. Sena fell three stories, a full 30 feet, to the ground below the window. Sena sustained to her wrists, back, sternum, and sacrum. At the hospital, it was discovered that Sena had been drinking alcohol and could not remember what had occurred. Sena sued KBP Investco LLC. Sena alleged that the window violated certain provisions of the California Building Code and was left in that dangerous condition. Defense counsel argued that Sena’s alcohol consumption made her comparatively at fault for the accident. Counsel contended that the building was a “historical building” that did not have to comply with the current California Building Code and that KBP Investco, rather, only had to adhere to the Building Code that was in place at the time of the building’s construction in 1931., Sena sustained multiple spinal fractures at T10, T11, T12 and L1. She also sustained bilateral distal radial fractures, and fractures of her sternum and sacrum. Sena was subsequently taken to a hospital immediately after the incident. She ultimately underwent an emergency thoracic and lumbar fusion at the T10-11, T11-12, and T12-L1 levels due to a burst fracture and instability. She also underwent bilateral distal radial reductions with the implantation of hardware. However, the hardware was later removed. Sena made a remarkable recovery and does not have significant limitations aside for diminished range of motion and some pain with her daily life and activities that she enjoys. She was also able to return to work. According to defense counsel, motions for a mistrial due to plaintiff’s counsel’s alleged conduct were denied. In addition, motions for a mistrial were denied even though the plaintiff’s medical experts testified, in alleged violation of motions in limine, that Sena suffered some type of concussion that prevented her from recalling what occurred at the time of the incident.
