Premises Liability

On a summer afternoon in August 2019, 15-year-old Roberto Diaz Garcia attempted to cross the street near the intersection of Maple Avenue and East 37th Street in Los Angeles. As the teenager stepped into the crosswalk area, a vehicle struck him with significant force, resulting in life-altering injuries. The legal action alleged that the City of Los Angeles maintained a "trap" for pedestrians due to poor visibility and inadequate safety measures. The collision left the young Plaintiff with devastating trauma, including permanent orthopedic injuries and third-degree burns. After extensive litigation regarding the city’s failure to implement traffic-calming measures, the parties reached a $1,500,000 settlement to cover the minor’s lifelong medical care and lost earning capacity.

Theodore Franzone was walking near the 16th fairway at the Lincoln Park Golf Course when a utility box cover flipped up, causing his leg to fall into the hole. The accident resulted in a chipped right patella and a torn tendon that required surgical repair. Franzone sued the City and County of San Francisco, alleging the municipal government failed to secure the cover, creating a dangerous condition on public property. While the City denied all allegations and argued that the risk was trivial or caused by Franzone’s own negligence, the parties ultimately resolved the dispute with a $75,000 settlement.

In the matter of Ana Warrick v. Byelas, LLC and The Stop & Shop Supermarket Company LLC, the Plaintiff alleged she sustained significant injuries, including a rotator cuff tear and hand fracture, after tripping on a "depressed" sidewalk seam outside a Westport, CT grocery store. Warrick argued the Defendants violated state building codes and ASTM standards for safe walking surfaces. However, the defense successfully argued that the Plaintiff failed to prove the existence of a specific dangerous condition. On January 8, 2025, a Fairfield District jury returned a verdict in favor of all Defendants, concluding that no actionable defect was present at the time of the incident.

On a December morning in 2022, Zoila Moran De Alfaro stepped into a marked crosswalk at the intersection of Sepulveda and Victory Boulevards, guided by a "walk" signal. Simultaneously, the traffic light for oncoming northbound traffic turned green, leading driver Gilberto Cabrera to strike Ms. De Alfaro at high speed. The collision caused a shoulder fracture, a rotator cuff tear, and a torn ACL. Investigations revealed a catastrophic malfunction in the traffic control system—essentially a "concealed trap"—that granted both the pedestrian and the driver the right of way at the same time. Facing allegations of maintaining a dangerous condition on public property, the City of Los Angeles and Caltrans reached a $1,000,000 settlement to compensate for the victim's permanent injuries and medical expenses.

A legal battle spanning several years concluded in the Ninth Judicial Circuit Court when a jury held the owners and operators of Flash Dancers Nightclub accountable for the 2019 shooting death of Stephen R. Walker. The estate successfully argued that the defendants failed to provide adequate security despite a known history of criminal activity in the area. The jury found that both the landlord, Krej Leasing, Inc., and the operator, OC Flashdancers, LLC, exhibited wanton negligence. Specifically, the court determined that the defendants failed to warn the victim of dangerous conditions on the premises. The final verdict apportioned 80% of the fault to the nightclub operator and 20% to the leasing company, awarding $305,000.60 to cover funeral expenses and the mental pain and suffering of Walker's surviving children.

A West Covina homeowner’s decision to skip building permits led to a $550,000 legal settlement after a guest suffered a life-altering fall. In October 2019, Dennis Brown visited the home of Victoria and Frank Fusaro at 1440 South Meeker Avenue. He stepped out onto a newly renovated patio, unaware that the recent construction work created a dangerous nine-inch vertical drop. The height discrepancy violated local building codes and lacked any visual warnings or handrails. This hazard caused Brown to lose his balance and strike the hard stone pavers with immense force. The resulting injuries inflicted immediate trauma and left Brown with permanent physical limitations. After Brown filed a premises liability claim in Los Angeles Superior Court, the parties reached a financial agreement to address his mounting medical bills and lost earning capacity.

Amelia Sellers and Christian Chico expected a routine evening when they visited the Greek Theatre in November 2021. They had just entered the area known as Lot H when a massive 90-foot Aleppo Pine tree suddenly uprooted and crashed onto them. The impact pinned both pedestrians to the ground and inflicted life-altering injuries that required immediate hospital intervention. Before the accident happened, the tree had reportedly shown signs of instability and root decay. The plaintiffs filed a lawsuit against the City of Los Angeles, the County of Los Angeles, and ASM Global Theater Management. They alleged that the defendants failed to maintain the grounds and ignored a dangerous condition on public property. The defense initially argued that the collapse was an unforeseeable accident, but experts for the plaintiffs pointed to visible markers of neglect. Shortly before the trial began, the defendants agreed to a $1,150,000 settlement to resolve the claims and provide for the victims' future medical needs.

In a subrogation lawsuit filed in Butte County Superior Court, Fire Insurance Exchange sought to recover $213,446.26 from property owners Gary and Helen Botsford after a tree from their Paradise, California property fell and damaged a neighboring home in October 2021. While the jury found the Botsfords were negligent in maintaining their trees, they concluded this negligence was not a substantial factor in causing the damage. Judge Stephen E. Benson entered judgment favoring the defendants on October 22, 2025, awarding them costs of suit and denying the insurance company any recovery.

In a significant wrongful death verdict, a Miami-Dade County jury unanimously determined that three defendants—Monte Carlo of Miami Condominium Association, Inc., Akam On-Site, Inc., and EMS Protective Group, LLC—were negligent in their security responsibilities, leading to the fatal shooting of Jason Campbell on June 1, 2021. The jury awarded $100 million in damages to Campbell's surviving family members, including his parents and three minor children. The case centered on the defendants' failure to maintain adequate security, implement access controls, and respond to prior criminal threats at the residential property, including a documented incident four months before the shooting in which the same assailant gained unauthorized access. The verdict emphasized the defendants' legal duty to protect residents and invitees from reasonably foreseeable criminal acts and the consequences of failing to do so.

Three gym members won their negligence lawsuit after a ceiling fan fell on them during a workout at F45 Training Hodges-Kernan in Jacksonville, Florida. The incident occurred on May 17, 2021, when Mary Menze, Sheryl Davis, and Kevin McGetrick were performing warm-up exercises. The jury returned its verdict on June 26, 2025, finding All Service Electric Group, Inc. 73% at fault, Fasanelli Construction, Inc. 15% at fault, and LINK 107, LLC d/b/a F45 Training Hodges-Kernan 12% at fault. The plaintiffs claimed the defendants failed to properly maintain, inspect, and secure the hanging fans, creating a hazardous condition that resulted in bodily injuries, pain and suffering, medical expenses, and lost earnings.

In Otranto v. RD America, LLC, the plaintiff, Ignacio Otranto, filed suit against the operators of a Restaurant Depot warehouse in Waterbury, Connecticut, following an incident on December 31, 2022. Mr. Otranto suffered significant injuries, including a crush injury and traumatic neuropraxia to his right thumb, when the top shelf of a shopping cart provided by the store collapsed during use. The plaintiff argued that the defendants were negligent in their duty to inspect and maintain the store's equipment, allowing a hazardous condition to persist. Following a trial in the Superior Court, the jury returned a verdict in favor of the plaintiff on November 19, 2025. The jury awarded Mr. Otranto $9,321.19 in economic damages and $140,000.00 in noneconomic damages, resulting in a total judgment of $149,321.19.

John Stripling filed a negligence lawsuit against the City of Orlando following a bicycle accident on Pasadena Place in August 2022. Stripling alleged that he sustained permanent injuries after hitting a pothole and loose gravel that the City had failed to repair or warn against. The City denied liability, arguing that Stripling was comparatively negligent and that the City was protected by sovereign immunity caps. The dispute proceeded to a jury trial in the Ninth Judicial Circuit Court in October 2025 to determine liability and damages.