Plaintiff tripped over HOA-managed curb in the dark. $3.3M. Los Angeles County.

The Case

• Case Name: Zillner v. Maple Street Burbank Homeowners Association and Ross Morgan & Company, Inc.
• Court and Case Number: Los Angeles Superior Court / 20STCV19088
• Date of Verdict or Judgment: Thursday, August 14, 2025
• Type of Case: Premises Liability, Trip and Fall
• Judge or Arbitrator(s): Hon. Bobbi Tillmon
• Plaintiffs:
  Ulrike Zillner, 65
• Defendants:
  Maple Street Burbank Homeowners Association
  Ross Morgan & Company, Inc.
• Type of Result: Jury Verdict

The Result

• Gross Verdict or Award: $3,335,000.12
• Net Verdict or Award: $1,167,250.04. after 65% comparative fault to plaintiff
• Contributory/Comparative Negligence: Ross Morgan 30% at fault; Maple Street Burbank HOA 5% at fault; and plaintiff 65% at fault.
• Economic Damages: Future medical: $935,000 
• Non-Economic Damages: Past: $550,000
• Future: $1,850,000.12
• Trial or Arbitration Time: 5 days
• Jury Deliberation Time: 1 day

The Attorneys

• Attorney for the Plaintiff:

  Kramer Trial Lawyers by Daniel Kramer, Teresa Johnson and William Matthews, Los Angeles.

• Attorney for the Defendant:

  Horton, Oberrecht & Kirkpatrick by Cheryl Kirkpatrick, Peter Chenand Fang Li, Irvine.

The Experts

• Plaintiff’s Medical Expert(s):

  Daniel Franc, M.D., neurology.

• Paul Kaloostian, M.D., neurosurgery.
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• Plaintiff's Technical Expert(s):

  Mark Burns, liability.

• Defendant's Technical Expert(s):

  Mark Blanchette, liability.

Facts and Background

• Facts and Background:On May 13, 2019, plaintiff went out for a walk after midnight in a residential area of Burbank. She walked up an alley and as she turned the corner, tripped over a concealed curb that protruded from a retaining wall of a condominium complex. She fell forward, hitting her chin. Plaintiff was ultimately diagnosed with a concussion and mild traumatic brain injury and treated with a neurologist and speech therapist.
• Defendants are the HOA and the HOA's management company.
• Plaintiff's Contentions:That defendants were responsible for maintaining the curb in a safe condition as the owners/managers of the property. Also, that the curb was dangerous because it was painted a similar color to the surrounding asphalt, was short and constituted a tripping hazard, and was concealed in shadows at nighttime, making it difficult to perceive. 
• Plaintiff alleged that as a result of the incident she suffered a mild TBI and needed future medical treatment, including medications and imaging studies and follow-ups with specialists. Plaintiff waived past medical specials and only sought future medical specials and past and future non-economic damages. Plaintiff acknowledged that there may be a percentage of fault placed on her for the incident.
• Defendant's Contentions:Defendants contended no notice; that they were not responsible for the subject incident because they did not know about any prior incidents. Further, that the curb was in a safe condition. Also, that plaintiff was at fault for the incident because she should have seen the curb and avoided tripping.
• Defendants contended that plaintiff suffered a laceration to her chin and that she did not have a traumatic brain injury.

Injuries and Other Damages

• Physical Injuries claimed by Plaintiff:MTBI.  Mild traumatic brain injury and laceration to chin.

Demands and Offers

• Plaintiff §998 Demand: $600,000
• Defendant Final Offer before Trial: $225,000