$375,000: Absence of Handrail Causes Spectator Fall From Bleachers

May 4, 2012

CASE DESCRIPTION: On or about August 7, 2010, Plaintiffs John E. and Evalyn E. were spectators at their son’s Swoosh Basketball sponsored basketball game in the gymnasium at Hope International University. At one point during the game an altercation erupted among several players. Immediately following the altercation, John got up from his seat in the bleachers and began walking down the designated walkway in the bleachers toward the floor of the gymnasium. Several steps from the floor, John tripped and fell to the floor, suffering bilateral patellar tendon tears.

At the time of the incident, although the retractable bleachers had handrails that were to be inserted in the walkway to assist spectators walking up and down the stairs of the bleachers, no such handrails were in place. Nevertheless in the middle of the stairs of the walkway remained metal inserts that protruded several inches up from the stairs into which the handrails were to placed.

RESULTS: $375,000.00

DATE OF SETTLEMENT: May 4, 2012

INJURIES: John had Bilateral patellar tendon ruptures with surgical repairs; Evalyn had a Loss of Consortium claim.

TYPE OF CASE: Premises Liability

DATE & LOCATION OF INCIDENT: August 7, 2010 at Hope International University in Fullerton, California

PLAINTIFF’S AGE: John was 51 at time of incident, Evalyn was 50 at time of incident

OCCUPATION: Mortgage Banking

PLAINTIFF’S ATTORNEYS:
CASEY R. JOHNSON, ESQ.
AITKEN AITKEN & COHN
3 MACARTHUR PLACE, SUITE 800
SANTA ANA, CA 92707

DEFENDANT INSURANCE CO.:
Hope International University represented by Daley & Heft, LLP;
Defendant Swoosh Basketball represented Kirtland & Packard, LLP