Messner Reeves LLP is proud to announce a successful defense verdict in a jury trial revolving around a homeowner liability case.
Orange County Partners Craig Humphrey and Aaron Soleimani argued for an insured homeowner being sued for damages by the plaintiff relating to a fall in the residence. Of Counsel James Randall handled all of the motions in limine, as well as pre-trial law and motion matters including a motion for summary judgement which eliminated half of the plaintiff’s case and punitive damages.
The plaintiff, who had been living in the home since the COVID pandemic, argued that the homeowner was negligent in creating a hazardous condition by not having adequate interior lighting, causing her to fall on some stairs and become injured.
The defense focused on the liability aspect, as the plaintiff had lived in the home for many years and the lighting was operational with no defects or violations regarding the stairs. The plaintiff attempted to argue that water was on the floor, but there were no witnesses to substantiate that contention. The plaintiff also alleged that the insured homeowner intentionally removed lighting on the stairs.
The plaintiff alleged to have suffered two tears to her back and a spinal abrasion, for which she received epidural injections from a pain management specialist. She came into trial in a wheel chair and her doctor alleged that she needed that due to the subject fall on the client’s premises.
In trial, defense counsel was able to show many inconsistencies in the plaintiff’s testimony. Overhead lighting was available for use, but the plaintiff did not turn on the lights to navigate the stairs while using her cellphone, which was contrary to her contentions. The defense counsel asked pertinent and targeted questions to confirm the plaintiff knew where the light switch was located and how to operate it. The defense counsel also focused on the number of times the plaintiff had used those stairs without prior incident, and was able to point out three other falls the plaintiff had on three different sets of stairs.
As to the injuries, the defense counsel was again able to show the plaintiff’s lack of credibility due to her inconsistent testimony as it relates to prior injuries. It was revealed that the plaintiff had gone to Tijuana two weeks prior to the loss for cosmetic surgical procedures and an alleged lower back surgery. The plaintiff’s pain management expert never reviewed any prior records and simply based the injections off subjective pain complaints whereas the defense expert had far more credentials and a full review of the medical records that both predated the date of the loss and after it occurred. The defense was also able to establish the amount of money the plaintiff’s medical providers collected for their testimony and treatment.
The jury concluded that the insured homeowner did not breach any duty and ruled in favor of the defense in full.
Partner Craig Humphrey focuses his practice on defense in motor vehicle and premises liability cases. Prior to his time at Messner Reeves, he worked as in-house counsel for Farmers Insurance and Mercury Insurance, and has argued over 90 civil jury trials to verdict.
Partner Aaron Soleimani practices in business litigation, corporate, insurance defense, litigation, labor & employment and real estate law. He has significant experience in both transactional and litigation settings.
Of Counsel James Randall focuses on litigation and has 40 years of experience as a Senior Trial Attorney and Specialty Trial Attorney while working at Farmers Insurance. He is an active lecturer and MCLE instructor, as well as an author of numerous legal articles.
