Gray•Duffy Settles Premises Liability Lawsuit

December 2019


Gray•Duffy’s Redwood City office settled a premises liability lawsuit for a nominal amount.


Akbarian v. San Jose Gardens

In October 2018, plaintiff Shaida Akbarian was walking from her car to her apartment through the parking lot of the San Jose Gardens apartment complex in San Jose, California when she stepped into an unmarked hole in the asphalt resulting in fractures to her foot. Ms. Akbarian filed suit against the apartment complex, alleging the owners had notice of the unmarked hole in the asphalt and did nothing to either correct the dangerous condition or warn tenants of the condition.

Ms. Akbarian incurred medical expenses of approximately $7,500; expenses for household services which she could not perform due to her injuries in an amount of approximately $2,500; additional lost earnings due to allegedly being unable to perform teaching duties for a period of time. Discovery reflected no evidence of complaints of the subject hole nor of any actual notice of said hole to the owners of the apartment complex. Furthermore, within six months of the plaintiff’s alleged injury, which was unwitnessed, the parking lot was resurfaced and there was therefore no evidence of the “unmarked hole in the asphalt” by way of photographs or other documents to support the plaintiff’s claim.

The case settled for a nominal amount with a motion for summary judgment by the defense pending for the sum of $10,000.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.