Dr. Beltran vs. Homeowner’s Association-Traumatic Brain Injury Settlement Won by Case Barnett Law
CorporationSettlement: 2.5 Million Dollars
It’s not often that an attorney settles a trip and fall case for $2 million, but in 2015, Case Barnett Law did. Dr. RB lived in a posh Orange County neighborhood paying over $700 a month in monthly homeowner’s association dues. A water meter box was continually broken in front of his home. Dr. RB complained to his homeowner’s association about the broken water meter box on multiple occasions.
After a day at work, Dr. RB returned in the evening and parked his car in the driveway. He exited the car to get his mail. His second step went in to the broken water meter cover causing serious injuries including a traumatic brain injury and severed tendons in his hand.
The defendants repeatedly passed responsibility amongst each other and pointed the finger back at Dr. RB for not fixing it himself, and for knowing about it, but failing to avoid it. The liability issues were complicated because of the covenants, codes and restrictions (the CC&R’s), the governing documents for the homeowner’s association and the HOA’s attempts to shift responsibility to the homeowners. CC&R’s give HOA’s the ability to make their own laws and distribute responsibilities. A close inspection of these governing documents is essential to suing any homeowner’s association.
We were able to settle four of five defendants for $2 million before trial, leaving one defendant who refused to accept any responsibility. This defendant, insured by Liberty Mutual, insisted its client had zero fault. A jury of 12 Orange County Citizens disagreed and found the last defendant 32% responsible. The case currently waits for the damages phase to begin. Case Barnett Law will be seeking damages of more than $10 million. Insurance companies never learn.