$200,000 Awarded – LiMandri & Jonna

$200,000
Awarded

17 TRIALS DIGEST 3D 84 (CITE AS: 1999 WL 318956 (CAL. SUPERIOR))

*1 TITLE: Wigfall v. Rance King Properties Inc.

TOPIC:
Synopsis: Tenant rendered paraplegic after falling through window – claims lack of safety bar/glass

Case Type: Premises Liability; Miscellaneous; Real Property; Landlord/Tenant; Residential Lease

DOCKET-NUMBER: NC016702

VENUE:
Court: Los Angeles County Superior Court/Long Beach

STATE: California

COUNTY: Los Angeles

YEAR:
Verdict/Judgment Date: March 11, 1999

JUDGE: Joseph E. DiLoreto

ATTORNEYS:
Plaintiff: Thomas Stolpman, Stolpman, Krissman, Elber, Mandel & Katzman, Long Beach.
Defendant: Robert W. Armstrong, Demler, Armstrong & Rowland, Long Beach
Charles S. LiMandri, Law Offices of Charles S. LiMandri, Rancho Santa Fe
Timothy J. Lippert, Demler, Armstrong & Rowland, Long Beach.

SUMMARY:
Verdict/Judgment: Defendant
Verdict/Judgment Amount: Defense
(Range $0)
Trial Type: Jury
Trial Length: 12 days
Deliberations: 5 hours
Jury Poll: 10-1-1

EXPERTS:
Plaintiff: Mack Quan Ph.D, mechanical engineer, Quan-Smith Associates, Santa Monica, (310) 264-5778
Defendant: John R. Brault, biomechanist/biomedical engineer, Biomechanics Associates, Inc., El Segundo, (310) 615-1622.
Herbert Katz Jr., architect, Los Angeles.
Herbert Moskowitz Ph.D., human factors consultant/toxicologist, Encino, (818) 783-8876.
Stephen C. Wexler Ph.D., civil/safety engineer, Wexco International Corporation, Marina del Ray, (310) 306-3877.

TEXT:
CASE INFORMATION
FACTS/CONTENTIONS
According to Defendant:
Plaintiff claimed that the second-story window through which she fell should have been equipped with a safety bar or tempered glass. The plaintiff was Lillian Wigfall, 33. The defendants were R.K. Properties, Inc., Rance King Properties Inc. dba R.K. Properties, R.K. Partners, William Rance King and Atlantic Garden Apartments.

The incident occurred on April 11, 1995 at the Atlantic Garden Apartments in Long Beach. Plaintiff claimed that she had complained about the window on numerous occasions and had asked that it be equipped with a safety bar or tempered glass since it was one of only two windows in the entire complex which was not guarded by either a balcony or safety bars. As a consequence of her fall, plaintiff was rendered paraplegic.

Plaintiff alleged that the resident property manager employed by defendant R.K. Properties had expressly admitted that he felt the window was dangerous and that safety bars or safety glass could have been installed for less than $200. Plaintiff also alleged that the windows violated current building codes. She also presented expert testimony that the 1/8-inch glass in the window was inadequate to provide fall protection in the event of inadvertent contact with the window.

*2
Defendants contended that the window complied with the building code which was in effect at the time of installation and that the window did not need to be replaced with safety glass unless it was broken. Defendants disputed the admissions made by its former property manager and contended that he was a disgruntled former employee who was bitter about being fired. Defendants also presented expert testimony that the window was sufficient to withstand incidental contact and argued that in order for plaintiff to have gone through the window, she must have been pushed with some force. Defendants also disputed plaintiff’s allegation that she simply backed into the window. Defendants called numerous witnesses to testify that plaintiff was intoxicated that evening and that there was a physical altercation taking place in her apartment before she went through the window.

CLAIMED INJURIES:
According to Defendant:
T-10 compression fracture resulting in permanent paraplegia.

CLAIMED DAMAGES:
According to Defendant:
Approximately $105,000 Medi-Cal lien; estimated $1,000,000-$2,000,000 future medical and daily living expenses.

SETTLEMENT DISCUSSIONS:
According to Defendant:
Demand: $2,000,000 (policy limits). Offer: $200,000.

COMMENTS:
According to Defendant:
The jury poll was 10 to 1 to 1 with one juror voting for plaintiff and one juror abstaining. Robert W. Armstrong and Timothy J. Lippert represented defendants R.K. Properties, Inc., Rance King Properties Inc. dba R.K. Properties and provided the information in this report. Charles S. LiMandri represented defendants R.K. Partners, William Rance King and Atlantic Garden Apartments.

Trials Digest Publishing, Inc.
Los Angeles County Superior Court / Long Beach
Wigfall vs. Rance King Properties Inc.
17 Trials Digest 3d 84, 1999 WL 318956 (Cal. Superior)