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premises liability


the case

Plaintiff, an electrician, received a call requesting that he come to a business to evaluate an electrical problem. When Plaintiff arrived at the business, he was instructed to go up the stairs to the attic space to look at the electrical components. Plaintiff was walking across the floor, when the floor gave way under him, and he fell through the floor of the attic and landed on the floor of the level below. As a result of the fall, Plaintiff suffered injuries including a traumatic brain injury, rib fractures, and spinal fractures. Plaintiff filed a lawsuit against the property owner and the owner of the business that he was called to perform electrical work for. Defendants failed to file an answer to the lawsuit and Plaintiff obtained a default judgment against them.  Defendants sought to set the judgment aside, appealing the issue to the Court of Appeal and the California Supreme Court. Plaintiff prevailed on all motions and appeals relating to the issue and the case resolved for Defendants' insurance policy limits. 

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