Woman slips on darkened stairway: Negligent maintenance: Broken ankle: Settlement

Law Reporter, Oct 2004

Ellison v. Poon, Cal., Los Angeles County Super. Ct., No. BC296902, Mar. 23, 2004.

Ellison, 42, was walking down a dark stairway at the apartment complex where she lived. She slipped on broken eggs that were on the stairway leading to her apartment and fell. Ellison suffered a broken ankle, requiring two surgeries. Her medical expenses were $27,000.

Ellison sued the landlord, alleging negligent maintenance of the stairwell. Suit alleged that the automatic timer on die stairway lights was malfunctioning, causing the lights to come on too late. Plaintiff, who was unemployed at the time of the incident, did not claim lost income.

Defendant countered that plaintiff knew of the broken tinier and should have used the handrails.

The parties settled before trial for $105,000. Defendant's insurer also paid $5,000 in accordance with the medical payment provision of defendant's insurance policy.

Plaintiff's experts were Thomas Gunzler, accident reconstruction, Santa Monica, CaL; and Edwin Haronian, orthopedic surgery, Encino, CaJ. Defendant's experts were John Tyson, accident reconstruction, Los Angeles, CaL; and Gerald M. Paul, orthopedic surgery, Encino, CaL

Plaintiff's Counsel

Joseph Lavi, Beverly Hills, CaL

*N. Nick Ebrahimian, Beverly Hills, Cal.