Child falls from apartment balcony: Inadequately guarded balcony: Skull fracture: Brain damage: Settlement

Law Reporter, May 1999

Child falls from apartment balcony: Inadequately guarded balcony: Skull fracture: Brain damage: Settlement.

Okosisi v. Dominique Apartments, Ltd., Cal., Los Angeles County Super. Ct., No. YC 022023, Dec. 4,1998.

Okosisi, 21 months, slipped on the outside balcony of her mother's apartment. She slid under the guardrail and fell two stories to the ground. She suffered a skull fracture and brain damage, resulting in motor and cognitive difficulties. She may have some neuropsychological problems as an adult. Her medical expenses were about $24,600.

A guardian ad litem sued the apartment building owner on Okosisi's behalf, alleging the balcony was dangerous because a child could fit between the bottom of the guardrail and the floor. Defendant contended the balcony was not dangerous because it met all building code requirements. Defendant also contended the child's mother had failed to properly supervise her.

The parties settled for $1 million.

Plaintiff's experts were Charles Turnbow, engineering, Apple Valley, Cal., and Ronald Gabriel, pediatric neurology, Los Angeles, Cal. Defendant's experts were T. Paige Eskridge, engineering, Tustin, Cal.; Jean Lake, pediatric neurology, Long Beach, Cal.; and Karen Schiltz, neuropsychology, Thousand Oaks, Cal.

Plaintiff's Counsel:

Michael J. Piuze, Los Angeles, Cal.

John IL Yates Jr., Los Angeles, Cal. [Comment: For a case alleging an apartment building exterior stairway landing was inadequately guarded, see Beltran uD. Enriquez, 41 ATLA L. Rep. 101 (Apr. 1998). Matthew B.F. Biren and Marc J. Katzman, both of Los Angeles, Cal., represented plaintiff.]

[Documents in the Beltran case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Biren.]