Following a week of jury deliberation after a three-week trial in Ventura County, Steven D. Stutsman obtained a defense verdict in favor of his client, a commercial property tenant, and avoiding the $1.2 million verdict that was ultimately entered against the co-defendant.
Steve represented an agriculture company which leased commercial property from which it operated a small agricultural supply store, including a large yard containing additional agricultural supplies. The lease of the property called for the landlord to be permitted to use a section in the far corner of the yard area to store dozens of large granite slabs leaned upon various A-frame supports. The lease language indicated that the granite was being stored at the landlord’s own risk.
Plaintiff, a 26-year-old man, entered the yard of the commercial property having driven passed the entrance to the retail store and past the signage warning of the dangers posed by the yard. Despite knowing he had traveled to an area of the yard where he was not supposed to be, Plaintiff exited his vehicle and began sifting through the large granite slabs owned by the landlord. Predictably, the slabs fall, landing on top of Plaintiff and crushing his leg. As a result, Plaintiff suffered grade one open tibia-fibula fractures to his right leg requiring surgery. Plaintiff further claimed that his injuries resulted in the development of complex regional pain syndrome, a debilitating nervous system injury which affected his right leg.
After nearly two years of litigation, Steve’s client issued a 998 to Plaintiff in the amount of $100,000, which Plaintiff refused and elected to proceed to trial. At trial, Plaintiff contended the granite slabs were stored improperly and were unreasonably dangerous, and that the defendants negligently failed to maintain their premises in a safe condition. He also argued that he wasn’t sifting through the granite, but merely placed his hand atop it when it fell. Both Defendants denied liability and disputed Plaintiff’s version of events surrounding the incident.
Steve strategically navigated through Plaintiffs claims, presenting expert testimony to show that the granite could not have fallen unless Plaintiff actively pulled it away from the A-frame supports upon which it was leaning. At the same time, Steve argued the contractual issues to the jury, explaining that, by virtue of the express language of the contract, any liability stemming from the display and storage of the granite slabs rested with the landlord defendant.
After a week of deliberations, the jury ultimately agreed that Steve’s client was free from fault and assigned Plaintiff 15% responsibility for his injuries, with the remaining 85% responsibility to the landlord defendant. The jury awarded Plaintiff $1.4 million against the landlord defendant, which was reduced to $1.2 million in light of the fault apportioned to Plaintiff.
Following the trial, Steve successfully recovered approximately $160,000 in litigation costs against Plaintiff, including almost $115,000 in expert witness fees as a result of Plaintiff’s rejection of the client’s 998.
The experience Burrows + Stutsman’s attorneys have defending commercial tenants means we understand the intricacies of commercial leases and are able to leverage the lease our clients sign against the property owners to ensure our clients obtain the benefits for which they bargained.
