$2,650,000: 10 Year Old Boy Suffers A Traumatic Brain Injury After Falling Through Skylight

A 10-year-old boy suffered a severe traumatic brain injury after falling through a rooftop skylight at a commercial property. He accessed the roof via a staircase connected to a rental unit and was drawn to items stored near the skylight. While in the area, he stepped onto the skylight, lost his balance, and fell approximately 11 feet onto concrete. The plaintiff argued the skylight was defective and failed to meet safety standards, including the ability to withstand expected weight. Experts testified it should have supported at least 400 pounds but did not. The defense claimed the structure met code requirements and that the skylight was properly separated by a railing. They also argued that lack of supervision contributed to the incident.

RESULT:  $2,650,000

SETTLEMENT NEGOTIATIONS: The matter was settled after a mediation session in front of Jay Horton at Judicate West.

TYPE OF CASE:  Premises Liability; Personal Injury; Products Liability

INJURIES: Garrett Poore, now age twelve (12), has suffered a variety of injuries, including, but not limited to:

  • Traumatic brain injury;
  • Occipital and parietal scalp hematomas;
  • Right parietal nondisplaced skull fracture (depressed per Dr. ?)
  • Right temporal bone fracture extending to the vertex of the right parietal calvarium;
  • Right parietal subdural hematoma (small right lateral)
  • Right parietal subarachnoid hematoma (small, posterior temporal/anterior parietal)
  • Cerebral contusions (right parietal; small right cerebellar)
  • Petechial hemorrhages
  • Diffuse axonal injury
  • Grade I and II bed ulcers

DATE & LOCATION OF INCIDENT: May 3, 2007 at about 4:30 p.m. Dana Point, California

PLAINTIFF’S AGE: 10 years old

OCCUPATION: Elementary school student

PLAINTIFF’S ATTORNEYS:
Christopher R. Aitken
AITKEN * AITKEN * COHN
For Plaintiff Garrett P.,a minor by and through his Guardian Ad Litem, Mark P.

DEFENDANT’S ATTORNEYS:
Monica Cruz Thornton, Esq.
SELMAN & BREITMAN, LLP
For Defendant RAC ENTERPRISES, LLC; RAC PROPERTIES, L.P. and RUTH ANN CLARK

DEFENDANT INSURANCE CO.: Evinstan Insurance and CNA Insurance