Defense Verdict Obtained in Premises Liability Case
Posted in Verdicts and Settlements on November 1, 2017
Seth Goldberg, partner, and Josh Nathanson, an associate, in the firm’s Hollywood office obtained a defense verdict in a premises liability case. The Plaintiff was an independent contractor who was given permission by the homeowners to come to their house to take measurements in their master bathroom. The home was under a complete reconstruction at the time and was in the possession of a general contractor. It was undisputed that the Plaintiff was aware of the hole in the floor. As a result of the fall, the Plaintiff sustained a lumbar disc herniation that caused drop foot. The defense agreed that the surgery performed was related to the fall. The court instructed the jury that the Plaintiff needed to prove that the homeowners knew or should have known of the danger on the property. The Plaintiff asked the jury to award at least $2,000,000 in damages, including $492,000 in lost wages. After almost three hours of deliberations, the jury returned a defense verdict as to the homeowners.