Thursday, July 02, 2015

Valley Crest Landscape Development, inc. v. Mission Pools (Cal. Ct. App. - July 2, 2015)

How much do you think this fact pattern settles for:

"The St. Regis is a resort facility located in Dana Point and is owned by CPH Monarch Hotel, LLC (CPH). . . . On September 15, 2007, Epp dived into the shallow end of one the swimming pools at the St. Regis. Epp, who was intoxicated at the time, seriously injured his spine and was rendered a quadriplegic. . . .

[Plaintiffs] identified the following defects as allegedly contributing to their injuries: (1) “[t]he vertical tile depth markers were partially submerged, making them illegible”; (2) “faded deck top depth markers”; (3) “[p]oor contrast on the signs containing ‘No Diving’ warning”; (4) “[p]oor location of signs”; (5) “[l]ack of fence between pools so users were not directed to entrance near ‘No Diving’ sign”; (6) “[f]ailure of hotel to enforce its rule directing users to not use pool after alcohol intake”; and (7) use of colored (French gray) plaster for the swimming pool."

The injuries are, of course, severe.  From what the plaintiffs have alleged, does this sound like a strong case or a weak case?  A $20 million case?  $20,000?  Some (particular) number in between?

The case settles for $4.5 million.

Based upon the allegations, that's not the number I would have guessed.