Injury: Fractured.

Result: $200,000 (settlement)
Offer: Not reported

Area: Los Angeles County, California
Judge: Michael S. Mink
Specials:
Medical Costs: $33,308

Plaintiff Attorney:
John C. Notti, Law Offices of Maro Burunsuzyan - Glendale

Defendant Attorney:
Aaron E. Shelden, Shelden & Kulchin - Encino

Plaintiff alleged she did not see the object before she was stuck. She was never given notice that work was being done on the stairway at any time, nor that the handrail would have sharp objects affixed to it.

Defendant denied that a dangerous condition existed and denied that any subsequent changes were made to the method and location of affixing the mesh to the stairway.

Facts: According to plaintiff: This case arose out of a trip and fall accident that occurred on March 5, 2004, at approximately 4:30 p.m. to 5:00 p.m., in an apartment complex located at 12345 Burbank Blvd., in the Valley Village area of North Hollywood. Defendants Galina and Joseph Samuel were the owners of the apartment complex. Plaintiff Elena Sutaru, age 82, together with her daughter, Zoia Cioinia, and her son-in-law, Mirce Cioinia, resided at the complex in apartment 15.

Before the date of the incident, and on the day of the incident, defendants' apartment manager, Natasia Pasa, and her husband, Dimitry Pasa, had been in the process of affixing a plastic mesh to the balcony railing and stairway railing in an effort to comply with defendants' insurance agent's recommendation. The purpose of the plastic mesh was to prevent small children from falling through the opening on the balcony railing and the stairway railings.

At approximately 4:30 p.m. on March 5, 2004, plaintiff, together with her daughter and son-in-law, decided to go to the market. This was the first time she had descended the stairway following installation of the mesh. As plaintiff was descending the stairway while moving her right hand along the handrail, a sharp object on the handrail stuck her palm, causing her to lose her balance, and a violent fall ensued. The sharp object that stuck plaintiff as she tried to hold on to the handrail was one of the wire ties defendants utilized to affix the mesh to the stairway.

Settlement Date: July 5, 2005