Slip and Fall Case: Claire Stanford vs. The Palisades Association | Jurimatic by Exlitem | Jury Verdicts & Settlements

Claire Stanford vs. The Palisades Association, Inc., a California Corporation, et al.

Case Background

On November 30, 2022, Claire Stanford filed a premises liability lawsuit against the owners of The Palisades Association, Inc. for a slip and fall that took place on her apartment stairs. The case was filed before the California Superior Court, Los Angeles County. Judge Mark C. Kim presided over this case. [Case number: 22LBCV00894]

Cause

Plaintiff Claire Stanford was an individual residing in Los Angeles County, California. Defendant The Palisades Association, Inc., doing business as The Palisades Apartments (hereinafter "Palisades"), was a corporation authorized to conduct business in California. Defendant Long Beach Home Solutions, Inc. (hereinafter "LBH Solutions") was authorized to operate in California. Plaintiff also alleged that Defendant Boris Bogomolny (hereinafter "Boris") and Defendant Renee Bogomolny (hereinafter "Renee") were residents of Los Angeles County as well. The incident in question occurred on December 18, 2020. During this incident, Plaintiff sustained injuries from a slip-and-fall at her apartment complex located at 6 3rd Place, Long Beach, California, 90802 (hereinafter "Subject Premises"). On the day of the incident, Plaintiff descended a staircase that served as the only means of entering and exiting the Subject Premises. This staircase presented a hazardous condition; the steps varied in height and length, were set at different angles, and lacked uniformity. As Plaintiff neared the bottom, she stepped onto a downward-angled step, slipped, and fell. Unable to catch herself, she suffered serious injuries, including damage to her ankle and back. At the time of the incident, Plaintiff did not contribute in any way to the events that led to her fall or to the slippery condition that caused it. Her injuries resulted solely from the dangerous conditions of the staircase.

On the date of the incident, Defendants Palisades, LBH Solutions, Boris Bogomolny, Renee Bogomolny, and Does 1 through 50 owned, occupied, and operated the Subject Premises. Each of these Defendants was involved in various capacities. They built, engineered, contracted, leased, and rented the property. Furthermore, they managed, inspected, controlled, repaired, and cleaned the premises. In addition, they maintained possession and custody of the Subject Premises.

Injury

As Plaintiff approached the bottom of the staircase, she stepped onto a downward-angled step. Suddenly, she slipped forward and fell. Unable to brace herself during the fall, she experienced severe injuries. These injuries included significant injuries to her ankle and back.

Damages

Plaintiff suffered injuries that negatively impacted her health, strength, and overall activity. These injuries caused significant harm to her physical well-being. As a result, Plaintiff experienced ongoing physical, mental, and emotional pain, along with economic losses. She believed her injuries would likely lead to permanent and degenerative disabilities, resulting in general damages. This amount would be determined at trial but would exceed the jurisdictional limits of the court. Additionally, due to the actions of Defendants Palisades, LBH Solutions, Boris Bogomolny, Renee Bogomolny, and Does 1 through 50, Plaintiff had to seek medical care. She engaged the services of medical, surgical, and nursing professionals to treat her injuries. Consequently, she incurred and would continue to incur various medical and related expenses.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Claire Stanford
- Counsel for Plaintiff(s): Arash H. Zabetian | Ian Hartsfield | Martin Jerisat
- Experts for Plaintiff(s): Eris Barrillas | Neil Ghodardra, M.D.

Defendant(s): The Palisades Association, Inc., dba The Palisades Apartments | Long Beach Home Solutions, Inc. | Boris Bogomolny | Renee Bogomolny
- Counsel for Defendant(s): Raquel Vallejo
- Experts for Defendant(s): Scott Forman, M.D. | Thomas Parco

Claims

Plaintiff alleged premises liability and negligence against the Defendants. On December 18, 2020, the date of the incident, Plaintiff descended a staircase. This staircase was the only way to enter and exit the Subject Premises. It posed a dangerous condition due to the uneven heights and lengths of the steps. The steps were set at different angles and lacked uniformity. Despite having negligently created or allowed this hazardous condition to persist, Defendants failed to take corrective action. They had ample time to remedy the situation, but they did not. By their actions and omissions, Defendants breached their duty to Plaintiff in several ways: First, they created or neglected to address the dangerous condition, which presented a slip-and-fall hazard. Second, they failed to inspect the property for such hazards. A simple visual inspection would have revealed the dangers. Third, Defendants did not take measures to reduce the risk of slipping or falling for invitees, including Plaintiff. Fourth, they inadequately repaired or modified the Subject Premises to eliminate the hazardous condition. The effort to remove this danger would have been minimal compared to the substantial risk of injury. Finally, they did not take appropriate actions to prevent invitees, including Plaintiff, from suffering the injuries she sustained.

Defense

Defendants argued that if Plaintiff experienced any loss, damage, or injury at the time and place mentioned, it resulted directly from risks she knowingly accepted. They claimed that the condition of the premises was open and obvious. Therefore, any injuries Plaintiff sustained were due to her own assumption of risk.

Expert Testimony

In this case, both parties presented expert testimony to support their claims. For the Plaintiff, Eris Barrillas provided insights into the hazardous conditions of the premises. She analyzed the staircase's design and emphasized how its uneven heights and lengths contributed to the slip-and-fall risk. Additionally, Neil Ghodardra, M.D., served as the Plaintiff’s treating physician and medical expert. He detailed the Plaintiff's injuries sustained from the fall, including their impact on her physical health and daily life. On the defense side, Scott Forman, M.D., acted as the defense medical expert. He assessed the Plaintiff's injuries and argued that they were not as severe as claimed. Dr. Forman's testimony aimed to downplay the extent of the injuries and suggest alternative explanations for her condition. Lastly, Thomas Parco, the defense liability expert, evaluated the circumstances surrounding the incident.

Jury Verdict

On April 22, 2024, the LA jury returned a defense verdict after finding that none of the Defendants had been negligent in the use or maintenance of the property. On May 13, 2024, Honorable Mark Kim passed a judgment consistent with the verdict stating that Defendants The Palisades Association, Inc., Long Beach Home Solutions, Inc., Boris Bogomolny, and Renee Bogomolny were the prevailing parties, and As Plaintiff Claire Stanford shall take nothing from Defendants.

Court Documents:

Available upon request

LA Jury Clears The Palisades Apartments in Staircase Slip and Fall Lawsuit