California Verdicts

Plaintiff(s):

Shirley Munro (Female, 48 Years)

Plaintiff Attorney(s):

R. Edward Pfiester, Jr.;
R. Edward Pfiester, Jr., A Law Corporation;
Los Angeles,
CA,
for
Shirley Munro ■ Bruce A. Broillet;
Greene, Broillet & Wheeler, LLP;
Santa Monica,
CA,
for
Shirley Munro ■ Alan L. Van Gelder;
Greene Broillet & Wheeler, LLP;
Santa Monica,
CA,
for
Shirley Munro

Plaintiff Expert(s):

Brad Avrit; P.E.; Safety; Marina del Rey,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Allan Snyder; Property Management; Irvine,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Daniel Zehler; Psy.D.; Neuropsychology; Long Beach,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Lester Zackler; M.D.; Neuropsychiatry; Sherman Oaks,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Robert Johnson; C.P.A.; Economics; Los Altos,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Sharon Kawai; M.D.; Physical Medicine; Fullerton,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Steven Nagelberg; M.D.; Orthopedic Surgery; Downey,
CA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Joellen Gill; M.S.; Ergonomics/Human Factors; Spokane,
WA called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder ■ Leonard Matheson; Ph.D.; Vocational Rehabilitation; St. Charles,
MO called by:
R. Edward Pfiester, Jr., Alan L. Van Gelder

Defendant(s):

ABSC Trust, 

Dean Money, 

Paul Janke, 

Joan Miller, 

John Barsky, 

Linda Silas, 

Ruth Goodie, 

Brent Heflin, 

Copley Trust, 

David Copley, 

Harry Gordon, 

Luca Carraro, 

Carolyn Green, 

Dorothy Ellis, 

Jane Dagerman, 

Robert Yeakel, 

Duane A. Grove, 

Linda L. Grove, 

Nancy H. Glass, 

Charles Boswell, 

Dante Marinelli, 

Deanna Melizian, 

Jeanne E. Bader, 

Marla Marinelli, 

Ronald Lindeman, 

Susan F. Berger, 

Carmen P. Abbott, 

Harry O. Koelsch, 

Mercedes Morales, 

Monica Fernandez, 

Robert D. Goodie, 

Wilson H. Miller, 

Bridget A. Styers, 

Claudia C. Copley, 

Jeffrey R. Record, 

Mark R. McCloskey, 

Richard S. Berger, 

Harry Gordon Trust, 

Karen S. Melkonian, 

Matthew N. Trotter, 

Bleaker Daniels Jr., 

Goodie Family Trust, 

Kristin K. Whitener, 

Nancy H. Glass Trust, 

Orin S. Whitener III, 

Watkins Family Trust, 

Bradley D. Schumacher, 

Jeanne E. Bader Trust, 

Ronald Lindeman Trust, 

Stephanie A. Stephens, 

Antonella Aloma Castro, 

Christopher T. Stephens, 

Brent Heflin Realty, Inc., 

Pabst Kinney & Associates, 

Tiara Imperial Apartments, 

Carolyn Green Living Trust, 

Mercedes Morales Living Trust, 

Robert D. & Ruth Goodie Trust, 

Bradley D. Schumacher Co. Trust, 

David & Claudia C. Copley Trust, 

Estate of Joan L. Miller Deceased, 

Estate of Jeanne E. Bader Deceased, 

Tiara Imperial Apartments Association, 

Tiara Imperial Homeowners Association, 

Board of Directors of Tiara Imperial Apartments Homeowners Association

Defense Attorney(s):

James M. Baratta;
Grant, Genovese & Baratta LLP;
Irvine,
CA,
for
ABSC Trust, Dean Money, Paul Janke, Joan Miller, John Barsky, Linda Silas, Ruth Goodie, Brent Heflin, Copley Trust, David Copley, Harry Gordon, Luca Carraro, Carolyn Green, Dorothy Ellis, Jane Dagerman, Robert Yeakel, Duane A. Grove, Linda L. Grove, Nancy H. Glass, Charles Boswell, Dante Marinelli, Deanna Melizian, Jeanne E. Bader, Marla Marinelli, Ronald Lindeman, Susan F. Berger, Carmen P. Abbott, Harry O. Koelsch, Mercedes Morales, Monica Fernandez, Robert D. Goodie, Wilson H. Miller, Bridget A. Styers, Claudia C. Copley, Jeffrey R. Record, Mark R. McCloskey, Richard S. Berger, Harry Gordon Trust, Karen S. Melkonian, Matthew N. Trotter, Bleaker Daniels Jr., Goodie Family Trust, Kristin K. Whitener, Nancy H. Glass Trust, Orin S. Whitener III, Watkins Family Trust, Bradley D. Schumacher, Jeanne E. Bader Trust, Ronald Lindeman Trust, Stephanie A. Stephens, Antonella Aloma Castro, Christopher T. Stephens, Pabst Kinney & Associates, Tiara Imperial Apartments, Carolyn Green Living Trust, Mercedes Morales Living Trust, Robert D. & Ruth Goodie Trust, Bradley D. Schumacher Co. Trust, David & Claudia C. Copley Trust, Estate of Joan L. Miller Deceased, Estate of Jeanne E. Bader Deceased, Tiara Imperial Apartments Association, Tiara Imperial Homeowners Association, Board of Directors of Tiara Imperial Apartments Homeowners Association ■ K. Robert Gonter, Jr.;
Gates, O’Doherty, Gonter & Guy, LLP;
Irvine,
CA,
for
Brent Heflin Realty, Inc. ■ Thomas J. Moran;
Grant, Genovese & Baratta LLP;
Irvine,
CA,
for
ABSC Trust, Dean Money, Paul Janke, Joan Miller, John Barsky, Linda Silas, Ruth Goodie, Brent Heflin, Copley Trust, David Copley, Harry Gordon, Luca Carraro, Carolyn Green, Dorothy Ellis, Jane Dagerman, Robert Yeakel, Duane A. Grove, Linda L. Grove, Nancy H. Glass, Charles Boswell, Dante Marinelli, Deanna Melizian, Jeanne E. Bader, Marla Marinelli, Ronald Lindeman, Susan F. Berger, Carmen P. Abbott, Harry O. Koelsch, Mercedes Morales, Monica Fernandez, Robert D. Goodie, Wilson H. Miller, Bridget A. Styers, Claudia C. Copley, Jeffrey R. Record, Mark R. McCloskey, Richard S. Berger, Harry Gordon Trust, Karen S. Melkonian, Matthew N. Trotter, Bleaker Daniels Jr., Goodie Family Trust, Kristin K. Whitener, Nancy H. Glass Trust, Orin S. Whitener III, Watkins Family Trust, Bradley D. Schumacher, Jeanne E. Bader Trust, Ronald Lindeman Trust, Stephanie A. Stephens, Antonella Aloma Castro, Christopher T. Stephens, Pabst Kinney & Associates, Tiara Imperial Apartments, Carolyn Green Living Trust, Mercedes Morales Living Trust, Robert D. & Ruth Goodie Trust, Bradley D. Schumacher Co. Trust, David & Claudia C. Copley Trust, Estate of Joan L. Miller Deceased, Estate of Jeanne E. Bader Deceased, Tiara Imperial Apartments Association, Tiara Imperial Homeowners Association, Board of Directors of Tiara Imperial Apartments Homeowners Association ■ Jennifer A. Pearl;
Grant, Genovese & Baratta LLP;
Irvine,
CA,
for
ABSC Trust, Dean Money, Paul Janke, Joan Miller, John Barsky, Linda Silas, Ruth Goodie, Brent Heflin, Copley Trust, David Copley, Harry Gordon, Luca Carraro, Carolyn Green, Dorothy Ellis, Jane Dagerman, Robert Yeakel, Duane A. Grove, Linda L. Grove, Nancy H. Glass, Charles Boswell, Dante Marinelli, Deanna Melizian, Jeanne E. Bader, Marla Marinelli, Ronald Lindeman, Susan F. Berger, Carmen P. Abbott, Harry O. Koelsch, Mercedes Morales, Monica Fernandez, Robert D. Goodie, Wilson H. Miller, Bridget A. Styers, Claudia C. Copley, Jeffrey R. Record, Mark R. McCloskey, Richard S. Berger, Harry Gordon Trust, Karen S. Melkonian, Matthew N. Trotter, Bleaker Daniels Jr., Goodie Family Trust, Kristin K. Whitener, Nancy H. Glass Trust, Orin S. Whitener III, Watkins Family Trust, Bradley D. Schumacher, Jeanne E. Bader Trust, Ronald Lindeman Trust, Stephanie A. Stephens, Antonella Aloma Castro, Christopher T. Stephens, Pabst Kinney & Associates, Tiara Imperial Apartments, Carolyn Green Living Trust, Mercedes Morales Living Trust, Robert D. & Ruth Goodie Trust, Bradley D. Schumacher Co. Trust, David & Claudia C. Copley Trust, Estate of Joan L. Miller Deceased, Estate of Jeanne E. Bader Deceased, Tiara Imperial Apartments Association, Tiara Imperial Homeowners Association, Board of Directors of Tiara Imperial Apartments Homeowners Association ■ Rebecca T. Amirpour;
Gates, O’Doherty, Gonter & Guy, LLP;
Irvine,
CA,
for
Brent Heflin Realty, Inc.

Defendant Expert(s):

Jan Roughan;
Life Care Planning;
Pasadena,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Dean Delis;
Neuropsychology;
Encinitas,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ West Harrington;
Industry Standards (Construction);
Rancho Cucamonga,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Nitin Bhatia;
Orthopedic Surgery;
Costa Mesa,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Jennie McNulty;
Economics;
Los Angeles,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Robert Griswold;
Property Management;
San Diego,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Alessio Pigazzi;
Colon & Rectal Surgery;
Orange,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Jeffrey Suway;
Ergonomics/Human Factors;
Long Beach,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour ■ Lawrence Miller;
Pain Management;
Santa Monica,
CA called by:
James M. Baratta, K. Robert Gonter, Jr., Thomas J. Moran, Jennifer A. Pearl, Rebecca T. Amirpour

Insurer(s):

State Farm Insurance Cos. for Tiara Imperial Apartments

On July 4, 2012, plaintiff Shirley Munro, 48, a neonatal nurse, went to the rooftop of Tiara Imperial Apartments, a condominium complex where she had resided since 2004, to watch a fireworks display near the Queen Mary in Long Beach. However, when she arrived on the roof of the building, the fireworks show had not started yet. As a result, she decided she would wait by sitting on a skylight. However, the skylight failed to support Munro’s weight, and she fell three stories, or approximately 40 feet. Munro sustained injuries to her head, spine, legs, and gastrointestinal and nervous systems. Munro sued the homeowner’s association for Tiara Imperial Apartments, Tiara Imperial Homeowners Association; the property manager, Brent Heflin Realty Inc.; a real estate broker and property manager, Pabst Kinney & Associates; and a community association manager at Pabst Kinney & Associates, Robert Yeakel. Munro alleged that the rooftop and skylight constituted dangerous conditions and that the defendants failed to properly warn of the danger. Under California law, if a homeowner’s association carries $2 million in insurance, then the individual condominium owners cannot be sued in their individual capacity. However, if a homeowner’s association does not have $2 million in insurance, then the homeowners also face individual exposure. In light of the fact that Tiara Imperial Homeowners Association only carried a $1 million policy, all of the individual condominium owners could be sued individually in this matter. As a result, Tiara Imperial Apartments, Tiara Imperial Association, the Board of Directors of Tiara Imperial Apartments Homeowners Association, Brent Heflin (individually), and approximately 60 other additional defendants, mostly consisting of unit owners at the complex, were added to the case. However, prior to trial, Munro settled with some of the individual condominium owners for a total of $2.25 million, and several other defendants were dismissed, including Yeakel and Pabst Kinney & Associates. Thus, the matter proceeded to trial against Tiara Imperial Homeowners Association, Brent Heflin Realty, and approximately 30 unit owners. Plaintiff’s counsel contended that the door leading to the roof should have been locked and had an alarm to prevent access to the roof and that the skylight should have been guarded with protective measures on and/or around the skylight. Thus, counsel argued that the homeowner’s association’s failure to keep people off of the roof created a “culture” of roof access by the residents of the building, making her think it was acceptable to go onto the roof. In addition, plaintiff’s counsel argued that Brent Heflin Realty was negligent in its safety inspections. The condominium owners claimed that the building had been fitted with a skylight since the 1960s and that, in over 40 years, no one other than Munro had ever sat on or fallen through the skylight. Not a single condominium owner deposed in the case believed that Munro was permitted to access the roof or sit on the skylight in 2012. Also several condominium owners testified that Munro had told them that her accident was her own fault. Counsel for Tiara Imperial Homeowners Association and the individual unit owners argued that Tiara Imperial Homeowners Association was not negligent in its roof access policy and warnings. Counsel contended that the door to the roof of the condominium had a sign on the front that read, “Keep off Roof. For Fire or Emergency Use Only.” Counsel also contended that the condominium rules prohibited roof access, and bulletins were posted and sent out to residents, telling the residents to stay off of the roof. Tiara Imperial’s counsel argued that the warnings, rules, and policies regarding the roof access door met the standard of care. However, counsel acknowledged that Tiara Imperial’s warnings, and rules and regulations prohibiting roof access were not made for safety reasons, but to prevent damage to the surface of the rooftop, because the homeowner’s association was not expecting someone to sit on a skylight, as the “danger” was allegedly open and obvious. Counsel argued that, regardless, there was no “culture” of residents accessing the roof and that the skylight did not need to be guarded or otherwise protected. In addition, Tiara Imperial’s counsel argued Munro was to solely to blame for the accident, as she intentionally sat on the skylight and admitted that she knew she was sitting on a skylight. Counsel for Brent Heflin Realty argued that Brent Heflin Realty performed adequate safety inspections of the common areas of the property, including the rooftop, to discover and remediate safety hazards. Counsel further argued that its recommendations to the homeowner’s association to keep the common areas of the property in safe and sanitary condition were sufficient and met the standard of care. Thus, defense counsel argued that the danger of a skylight was open and obvious to Munro and that a reasonable person would not have sat on a skylight. Counsel contended that no other skylights in similarly situated buildings in the Long Beach area featured screens or guards and that none of the other properties managed by Brent Heflin Realty had skylight screens or guards. Defense counsel noted that while the condominium had a history of people going on the roof, that history largely occurred prior to Munro’s purchase of her condominium. Counsel argued that the condominium had successfully cracked down on persons accessing the roof years before the incident and that no one else was using the roof to watch fireworks at that time. Defense counsel further argued that the skylight had been inspected by contractors within a year of the incident and that the condominium had been told that the skylight would be good for another 10 years. As a result, counsel argued that Munro was 100 percent at fault for sitting on a known, unconcealed, rooftop skylight.

The trial was bifurcated. No evidence of Munro’s alleged injuries or damages was admitted into evidence. Munro suffered critical and life-threatening injuries to her head, spine, legs, and gastrointestinal and nervous systems. She was immediately taken by ambulance to a hospital, and she ultimately underwent multiple surgical interventions for a ruptured diaphragm, a thoracotomy and repair of an occipital scalp laceration, spinal fusions and leak repair, multiple rib fractures, and post laparotomy and repair of a diaphragmatic tear and herniation. She also underwent a removal/replacement of metal rods and plates in her lumbar spine. Munro claimed that her injuries are permanent and life-altering. She alleged that she continues to suffer from urinary and bowel issues, including incontinency. She also alleged that she continues to suffer from sensory issues and balance/equilibrium orientation problems as a result of her traumatic brain injury, as well as suffers from related mental, emotional, and cognitive deficits. Thus, Munro contended that her condition will prohibit her from returning to her employment as a neonatal Intensive Care Unit nurse and that her physicians believe that she may eventually require further spinal surgeries. The plaintiff’s orthopedic surgery expert opined that as a result of adjacent disc disease and hardware failure, Munro suffers from flat back syndrome, an abnormal condition where the spine loses its natural lower back curve to become flat. He would have testified that the rods in Munro’s back are straight, without contour, that the hardware appears to be loosening, and that a cyst is causing fluid to leak into Munro’s spine. The plaintiff’s pain management specialist indicated that the shock absorbing intervention discs, or pain reducers, at the level immediately above and immediately below Munro’s fusion will, on average, have a one percent degeneration per year and opined that Munro will likely develop segmental level disc disease. Disc degeneration above and below the fusion will result in significant pain and instability for Munro, the expert opined. In addition, the expert opined that Munro will require extensive medications for life, including opioids, non-steroidal anti-inflammatories, and neuropathic medications. The plaintiff’s physicians would have opined at trial that Munro will require additional future surgeries and that Munro likely would be permanently incapable of returning to her employment as an ICU nurse. Thus, Munro sought recovery of $620,000 in stipulated past medical costs, $4.9 million in future medical expenses, $2.8 million in past and future loss of earnings, and an unspecified amount of damages for her past and future pain and suffering.

The jury found that Tiara Imperial Homeowners Association and the residents of Tiara Imperial Apartments were negligent, but that their negligence was not a substantial factor in causing Munro’s injuries. It also found that Brent Heflin Reality was not negligent. Thus, the jury rendered a defense verdict.

Judge:

Ross M. Klein

Demand:

$7,400,000

Offer:

$386,000

Trial Length:

21
 days

Trial Deliberations:

1
 days

Jury Vote:

10-2 as to Tiara Imperial’s negligence; 12-0 as to Brent Heflin Reality’s negligence; 11-1 as to Tiara Imperial’s causation

Post Trial:

Plaintiff’s counsel filed a motion for a new trial concerning allegations of an inconsistent verdict.

This report is based on information that was provided by plaintiff’s and defense counsel.