Jury Verdict Submission & Research

On May 23, 2014, 15-year-old minor M.D. and a 13-year-old male trespassed into a large home under construction in Palos Verdes, CA. When they heard a noise, they became scared and tried to exit the home. M.D. opened a door, stepped into a third-floor elevator shaft, and fell 28 feet to a concrete slab below. The home was owned by defendants Richard and Evelyn Andelin. Mr. Andelin, a builder, was constructing his dream home including 3 stories and 12,000 square feet with towers, 8 bedrooms, 11 bathrooms, and 3,400 square feet of cabanas, pool house, and garages for 9 vehicles. The project was in its 6th year and had become dormant.

Plaintiff filed a premises liability action against defendants on Sept. 10, 2014, in the Superior Court of Los Angeles County, CA. The action was assigned to Judge Stuart Rice. Plaintiff claimed that defendants should have had a construction fence around the property, "keep out" signage, or at least locked exterior doors. (Plaintiff claimed that the exterior doors had been unlocked when she entered). Plaintiff also claimed that the elevator door looked like all of the other custom passageway doors in the house and was not secured as required by Cal. OSHA.

Defendants claimed that plaintiff was trespassing on the site and had broken into the home, as evidenced by damage to the doorframe. Thus, defendants claimed that plaintiff's presence was unforeseeable and that they owed no duty to her. Further, defendants argued that plaintiff was aware of the danger of entering a construction site, particularly after dark, and should have realized she was stepping into an elevator shaft. Defendants also claimed that the controlling government entity did not require a fence around the site, which plaintiff may have circumvented anyway, and that OSHA regulations did not apply because plaintiff was not a construction worker on the site.

Plaintiff's injuries included Le Fort III fractures of the face; loss of teeth; comminuted left femur fracture; bilateral patellar fractures; fractured left elbow; left wrist fracture; tinnitus; migraine headaches; sleeping disorder; mild traumatic brain injury; and posttraumatic stress disorder. Defendants claimed that plaintiff made a good recovery from her orthopedic and neurological injuries with no residual effects except for the dental injuries. Defendants also denied that plaintiff had suffered from traumatic brain injury or PTSD, claiming that she had preexisting depression from her parent's divorce. Plaintiff had past medical bills of $ 186,720 paid by an ERISA self-funded plan, for which lien plaintiff negotiated a 40% reduction.

Plaintiff made a statutory demand for $ 3,000,000 policy limits. Defendant offered $ 400,000. The case settled at mediation with John Leo Wagner of Judicate West for $ 1,750,000. The parties filed a notice of settlement on Sept. 20, 2016.

Plaintiff was represented by Bruce M. Brusavich and Puneet K. Toor of Agnew & Brusavich. Defendants were represented by James M. Baratta and Jeffrey P. Magwood of Grant, Genovese & Baratta.

Lexis Advance subscribers may view the entire summary, including expert information, here: M.D., a Minor, by and through her guardian ad litem Alma Dietz, v. Richard and Evelyn Andelin; 2016 Jury Verdicts LEXIS 9310

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