A tenant's injury has led to a significant legal battle over landlord responsibilities and property maintenance. Michele R., the plaintiff, filed a complaint against Alexander Henson in the Court of Appeal of the State of California, Sixth Appellate District, on August 1, 2024.
The case revolves around an incident that occurred in June 2019 when Michele R. slipped and fractured her ankle while stepping down from one of the decks at her rented unit in Carmel Valley. She claimed that Henson had failed to maintain the deck properly, leading to her injury. Michele R. moved into Henson's rental unit with her family in 2012 and experienced issues with the deck's condition starting in 2018. Despite notifying Henson about the dangerous state of the deck, including protruding nails, no repairs were made before her accident.
During a two-day bench trial, evidence was presented showing that the deck was severely deteriorated and unsafe. An expert testified that the deck had "extremely outlived its lifespan" and posed significant risks due to rotted beams and protruding nails. Michele R. recounted how she regularly used the west deck to exit with her younger son but faced difficulties due to raised nails. On June 19, 2019, she stepped on a nail that got stuck in her shoe, causing frustration and distraction which led to her fall and subsequent injury.
Henson argued that he had no duty to maintain the deck and claimed Michele R.'s injury was not his responsibility. However, evidence showed he never performed any maintenance on the west deck since purchasing the property in 1988. The court found him negligent for failing to keep the deck in a reasonably safe condition despite being informed about its dangers multiple times.
The trial court ruled in favor of Michele R., awarding her approximately $90,000 in damages for medical expenses, lost wages, pain and suffering, and permanent disability. The court found Henson 90% responsible for her injuries while attributing 10% fault to Michele R. Additionally, Henson was awarded $1,583.50 on his counterclaim for damage to carpets.
In February 2023, a final statement confirmed that Henson had a statutory duty under Civil Code sections 1941 and 1941.1 to maintain the rental property in good repair, including floors like those on outdoor decks. The court concluded that his negligence directly contributed to Michele R.'s injury by creating an unsafe environment.
The judgment entered on February 7, 2023 awarded Michele R. $85,844.21 in damages plus costs while denying Henson's motion for a new trial filed in April 2023.
Attorneys involved include those representing both parties during trial proceedings with Judge Bromberg presiding over this case under Case ID: H050945.