California Of Counsel Achieves Favorable Jury Verdict for HOA and Property Management Company

Pasadena Of Counsel Adrian G. Gragas secured a defense verdict from a Superior Court of Los Angeles County jury for our clients, a homeowner’s association (HOA) and property management company, following closing arguments.

Plaintiff claimed his life was significantly impacted after a January 2021 slip and fall incident that took place in a condominium complex common area hallway, and Plaintiff sustained injuries including a fractured ankle and cervical spine injuries. Plaintiff alleged the incident was caused by the negligence of our clients due to a wet carpet. Following the incident, Plaintiff’s request included lost past and future profits to Plaintiff’s restaurant, past non-economic damages and additional unspecified damages.

Litchfield Cavo Of Counsel Adrian Gragas argued that Plaintiff failed to meet their burden of proof that there was a breach of duty by our client due to the proactive measures implemented by the HOA and property management company regarding the daily inspections, and for any dangerous conditions due to a wet carpet. Our defense attorney also contended that Plaintiff lacked credibility in his testimony wherein he stated that he discovered the carpet was wet two to three months prior to the slip and fall incident and failed to report the alleged wet carpet. Additionally, expert testimony from a bio-mechanical expert indicated that Plaintiff’s injuries were consistent with a trip and fall but not a slip and fall, and therefore, Plaintiff is comparatively negligent for his damages.

Our defense attorney argued that whether or not the jury found negligence on behalf of our client, there was no proof of lost past and future profits of the Plaintiff’s restaurant because a certified public accountant or economist expert was not called to establish such profits. The testimony of defense witnesses that included the association board president, who also was a licensed attorney, provided sufficient credible evidence for the jury to find that there was no negligence in the use and maintenance where Plaintiff alleges his incident occurred.

After jury deliberations, our attorney obtained a defense verdict in the Superior Court of Los Angeles County in favor of our clients.

Adrian has vast experience representing clients in complex and high-exposure general liability cases. His general liability practice involves defending personal injury claims, including premises liability of dangerous condition of public property litigation, as well as auto negligence.