Vol. 54 No. 3

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to Maintain Balcony

March 2018

Kimberly Gerlach, 28, lived on the second floor of The Cove Apartments. While out on her balcony, she leaned against a railing, which gave way, causing her to fall onto a concrete step below. She suffered a traumatic brain injury and can no longer work as an administrative assistant. Her past lost income totaled $116,000. Her medical expenses were almost $205,800.

Gerlach sued the apartment’s owner and its manager, alleging negligent failure to maintain the premises. Suit alleged that the railing failed to support her 135-pound weight because its brackets were attached to severely rotted wood. The defense argued that Gerlach was intoxicated at the time of the incident.

The jury awarded more than $3.79 million, finding the plaintiff 7 percent at fault. The defense has appealed.

Citation: Gerlach v. Cove Apartments LLC, No. 2015-2-25974-1 (Wash. Super. Ct. King Cnty. July 12, 2017).

Plaintiff counsel: Simon H. Forgette, Kirkland, Wash.; and AAJ member Ben F. Barcus and Paul Lindermuth, both of Tacoma, Wash.

Plaintiff expert: Mark Lawless, construction practices, Seattle.

Defense expert: Michael Carhart, engineering, Phoenix.