Home > News > Associate Richard Gagliano Wins Defense Verdict!
ASSOCIATE RICHARD GAGLIANO WINS DEFENSE VERDICT!
Associate Richard Gagliano recently won a defense verdict in Burbank Superior Court on behalf of a commercial property owner/client in a premises liability case.
In this action, the plaintiff alleged that he tripped and fell as a result of a 1 1/4 inch differential in a courtyard walkway at an apartment complex. As a result of the fall, plaintiff suffered a painful radial head fracture of the elbow, underwent elbow surgery with hardware installed followed by a hospital stay, and incurred over $149,000 in medical bills.
Plaintiff claimed that the property owner was aware of the alleged dangerous condition, but failed to take steps to correct the condition or to warn residents and visitors of the apartment complex of its potential to harm.
Defendant served a Statutory Offer to Compromise prior to Trial in the amount of $100,000 which was rejected by plaintiff. Through additional negotiations the settlement Offer was increased at Mediation, and again refused. Subsequently, plaintiff's attorney withdrew from the case and, against the Court's advice, the plaintiff proceeded to represent himself at Trial.
At the close of the plaintiff's case, Mr. Gagliano made a Motion for Judgment in favor of the defendant/property owner, arguing that plaintiff failed to establish the existence of a dangerous condition, notice of the condition, and special damages. After oral argument, the Judge agreed and entered Judgment in favor of the Firm's client. Given the defense's pre-trial Offers to Compromise, plaintiff may now be subject to an adverse claim for attorneys' fees and costs by the defense.
Slip and fall incidents are a leading cause of injury at rental properties, hotels, restaurants, and public buildings. Although property owners and businesses have a duty to provide a safe environment for individuals who come onto their property, a large number of slip and fall incidents actually occur on flat and level surfaces. This leaves even the most diligent of property owners and managers exposed to high-dollar claims.
Mr. Gagliano brings twenty years of trial experience to the Firm and is a member of both the Florida and California State Bars. He is also a member of the Firm's Real Estate and Construction Law Litigation Team. If you need assistance in reducing your exposure to claims involving real estate, please contact Mr. Gagliano at (818) 205-9955 to discuss how we can help.
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LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX
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