Case Background
In a civil trial that concluded in a Los Angeles Courtroom, a jury delivered a split verdict in a personal injury case, finding both the Plaintiff and the Defendants shared responsibility for the harm she suffered. The case was filed by Ulrike Zillner against two companies: Maple Street Burbank Homeowners Association and Ross Morgan & Company, Inc. The lawsuit, which had been filed on May 19, 2020, in the Superior Court of California, County of Los Angeles, alleged that Ms. Zillner was hurt on a property that the two Defendants were responsible for maintaining.
The complaint contended that the Defendants had a duty to keep the premises safe for residents and visitors. Ms. Zillner, the Plaintiff, claimed that the Defendants failed to uphold that duty and that their negligence was the direct cause of her injuries and losses. The case proceeded to a jury trial where both sides presented their arguments and evidence.
Cause
The lawsuit stated that Ms. Zillner's injuries happened because of a negligent or careless condition on the property that the Defendants managed. The complaint did not specify the exact nature of the dangerous condition. However, it broadly alleged that the Defendants had control over the property's upkeep and that they did not manage it responsibly. The Plaintiff argued that the Defendants' failure to take action created an unsafe environment, which then led to her harm.
Injury
As a result of the incident, Ms. Zillner suffered what she described as severe and permanent injuries. The complaint claimed that she endured substantial physical, mental, and emotional pain and suffering. Her ability to carry out her normal daily activities was affected, and she was prevented from performing her usual job. The complaint also stated that she faced an unknown duration of lost income because of her inability to work.
Damages Sought
Ms. Zillner sought financial compensation for all of her injuries and losses. She asked the jury to award her what are known as "general damages" for her pain and suffering, and "special damages" to cover her medical bills and the income she lost from being unable to work. She also requested any other relief the Court deemed appropriate. The case went to trial with a demand for a jury to decide on the amount of damages.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Ulrike Zillner
· Counsel for Plaintiff(s): Daniel K. Kramer | Teresa A. Johnson | Kenneth Lipton | William N. Matthews | Brandon C. Salumbides | Taylor S. Kruse
· Experts for Plaintiff(s): Mark Burns | Daniel Franc | Manon Kwon | Michael Marvi | Natalie Zhitnitsky
Defendant(s): Maple Street Burbank Homeowners Association | Ross Morgan & Company, Inc.
Counsel for Defendant(s): John A Delis
Experts for Defendant(s): Mark Blanchette | Paul Kaloostian | Davi Lechuga | Kasra Maasumi | Gregory H. Tchejeyan
Key Arguments or Remarks by Counsel
During the trial, the lawyers for each side argued their respective positions. The jury had heard from both the Plaintiff and the Defendants about what each party thought happened on the day of the incident.
Claims
The Plaintiff’s claim of negligence was the central focus of the lawsuit. The complaint laid out a series of accusations, with the core argument being that the Defendants had a legal responsibility to keep the property safe. Ms. Zillner claimed that the Defendants had fallen short of this duty in several ways, which directly resulted in her injuries.
Failure to Maintain Safe Property: The Plaintiff’s claim of premises liability asserted that the Defendants had failed to use and maintain the property in a reasonably safe manner.
Failure to Inspect and Warn: Ms. Zillner further claimed that the Defendants had a duty to inspect the property to find any unsafe conditions. She alleged that they either knew about the danger or should have known about it and failed to fix it or warn her about it.
Negligent Supervision and Hiring: The lawsuit also included claims of negligent supervision and hiring, suggesting the Defendants did not properly oversee any agents, employees, or contractors they had hired to work on the property.
Defense
While the defense's specific arguments were not outlined in the provided documents, the special verdict form clearly showed the jury had considered the issue of the Plaintiff’s own actions. The defense had argued that Ms. Zillner was, to some degree, responsible for her own injuries. The verdict form indicates that the defense successfully convinced the jury of this point. The jury was asked if the Plaintiff’s own negligence was a substantial factor in causing her harm, and they answered “yes.” This finding would prove crucial in the final calculation of damages.
Jury Verdict
The jury had reached a decision. On August 18, 2025, the jury delivered a special verdict form that outlined their findings in detail. They found that both Defendants Ross Morgan & Company, Inc. and the Maple Street Burbank Homeowners Association were negligent in the use or maintenance of the property. The jury also concluded that the negligence of both Defendants was a substantial factor in causing Ms. Zillner's harm.
The jury did not, however, place all the blame on the Defendants. They also found that the Plaintiff, Ulrike Zillner, was negligent and that her own negligence was also a substantial factor in causing her harm.
The jury then proceeded to award damages, as follows:
· Future medical expenses as: $935,000
· Past noneconomic loss, including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress damages amounting to $ 550,000
· Future noneconomic loss, including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress amounting to $1,850,000
The jury's form listed the total damages as $3,335,000.12.
Finally, the jury determined the percentage of responsibility for the Plaintiff’s harm. They assigned 30% of the blame to Ross Morgan & Company, Inc. and 5% to the Maple Street Burbank Homeowners Association. The jury found that the remaining 65% of the responsibility for the harm belonged to the Plaintiff, Ulrike Zillner. The percentages had added up to 100%.
Court documents are available upon request at [email protected]
