Guest falls onto slope at racquet club, claims negligence. Defense verdict. Orange County.

Facts and Background

• Facts and Background:

  Defendant Russell Miller is the owner of the Anaheim Hills Racquet Club. On September 13, 2014 plaintiff was a guest of a member of the club and was watching a tennis match. Plaintiff was injured when she fell while she attempted to throw a tennis ball that had landed on the patio. She fell off of the elevated patio onto a landscaped slope. She fractured her right elbow when she landed on a downhill slope.

• Plaintiff's Contentions:

  Plaintiff contended that defendant was negligent per se because the patio should have had a slope as required by the California Building Code. All surface areas with a difference in elevation of 30 inches or greater require a guardrail. Eleven months after the incident, plaintiff's expert John Gardiner took photos and measurements and found that in various locations near where plaintiff fell, the elevation was more than 30 inches and therefore a guardrail was required. Plaintiff also contended that defendant was negligent in failing to have a safe condition for its guests and members.

• Defendant's Contentions:

  Defendant contended that he was not negligent and even if he was, it was not a substantial factor in causing plaintiff's injuries. Defendant also contended that plaintiff had contributory negligence and that her negligence was the sole factor for her injuries. Defendant contended that plaintiff could not prove what the elevation change was on the date of the incident and therefore defendant could not be negligent per se.