Verdicts & Settlements

March 1, 2003

The Daily Journal

L.A. Superior Van Nuys

Topic: Personal Injury
Sub topic: Premises Liability
Sub-sub topic: Slip and Fall

Settlement: $127,500 ($125,000 from HOA's insurance carrier; $2,500 from co-defendant)

Attorneys:
Plaintiff - Maro Burunsuzyan, Law Offices of Maro Burunsuzyan, Glendale
Defendant - Mark D. Kaufman, Barry Bartholomew & Associates, Glendale
Defendant - James R. Childress, Murchison & Cumming, Los Angeles

Medical Experts:
Plaintiff - Richard C. Rosenberg M.D., Tarzana
Defendant - Jeffrey I. Korchek M.D., North Hollywood
Defendant - Michael R. Terk M.D., Encino

Facts: On Feb. 26, 2001, at approximately 12 noon, the plaintiff, a 66-year-old female, on the way to the basement of her apartment slipped and fell, due to a leak, which created a yard wide puddle. The complex was co-managed by the defendant homeowners' association. A few days earlier, on or about Feb. 12, water had leaked into the basement of the unit after heavy rain. The plaintiff's granddaughter, a tenant within the subject unit, had notified the defendants of the leak by telephone. On or about Feb. 16, no acknowledgment having been received from the prior notice of the leak, she left a message for the defendants. Once again, the complaints of leaking into the basement were not addressed by the defendants.

Injuries: The plaintiff sustained a right bimalleolar ankle fracture to her distal tibia, fibula and medial malleolus and also sustained a right rotator cuff tear. She was taken to USC County hospital where her leg was placed in a cast for four weeks. Once out of the cast, she underwent physical therapy.

Specials in Evidence: MEDS $7,366 ; Future MEDS $15,000 to $20,000; LOE The plaintiff did not claim loss of wages.