Reprint of article appearing in the Los Angeles Daily Journal Verdicts & Settlements April 30, 1999
Landlord Prevails
Inebriated woman becomes paraplegic after falling from second-story window.
Jury denies recovery for premises liability due to testimony regarding drunken brawl.
BY DIANE TAYLOR

Type: Premises liability; negligent failure to warn; negligent design, construction and installation; strict liability

Verdict: Defense

Case / Number: Lillian Wigfall v. Rance King Properties Inc. et al / NC016702

Court / Date: Los Angeles Superior, South District / March 11

Judge: Joseph E. DiLoreto, Dept. H

Attorneys: Plaintiff -- Thomas Stolpman (Stolpman, Krissman, Elber, Mandel & Katzman, Long Beach). Defendants R.K. Properties, Inc., Rance King Properties, Inc., dba R.K. Properties -- Robert W. Armstrong, Timothy J. Lippert (Demler, Armstrong & Rowland, Long Beach). Defendants R.K. Partners, William Rance King, Atlantic Garden Apartments - Charles S. LiMandri (Law Offices of Charles S. LiMandri, Rancho Santa Fe).

Technical Experts: Plaintiff - Mack Quan, Ph.D., mechanical engineer, Santa Monica. Defendants - Stephen Wexler, Ph.D., civil and safety engineer, Marina del Rey; Herbert Katz, architect, Los Angeles; John Brault, biomechanics, El Segundo; Herbert Moskowitz, toxicology and human factors, Encino.

Facts: In 1984, defendants William Rance King, R.K. Partners and Atlantic Garden Apartments purchased a two-story 42 unit apartment building at 6201 Atlantic Avenue in Long Beach. The owners utilized R.K. Properties, Inc., and Rance King Properties, Inc., to manage the building.

Each unit in the building contained a three-by-six foot floor-to-ceiling window. The original windows, installed in 1960, consisted of double strength, one-eighth inch thick annealed glass. Approximately a dozen windows had been replaced with Plexiglas but only after they'd been broken. In one instance, a resident punched out seven windows, while another resident threw a bottle and shattered one.


Robert W. Armstrong
Law firm: Demler, Armstrong & Rowland
Types of cases: Insurance bad faith, construction defect, personal injury
Law School: University of the Pacific, McGeorge School of Law, 1978
Career Highlights: 1981-1984, partner, Demler & Armstrong; 1984-present, partner, Demler Armstrong & Rowland

All but two of the units had walkways just outside the windows. However, two units on the second floor were unguarded, lacking both walkways and safety bars.

In January 1995, Lillian Wigfall, 33, and her 16-year-old daughter, Keisha, moved into unit No. 41, one of the two second-floor units lacking both a walkway and safety bars. Wigfall's window contained the original annealed glass, which had never been broken or replaced. Approximately two weeks after moving in, Wigfall allegedly complained to the resident property manager, Levfines Pinkett, that the window was loose in its frame. Wigfall believed there was a problem because she noticed the window rattling after a door was slammed, and cold air and water leaking through. In response to her complaint, a repairman caulked the edges. Wigfall testified that even after the repair, she repeatedly complained to Pinkett that the window was dangerous and that she feared falling through. Wigfall also claimed that she filled out a complaint form memorializing her concerns; however, the property management company has no records reflecting that such a form was ever submitted. Pinkett testified that Wigfall was very conscientious about safety and had indicated to him that she was worried about the window.

On April 11, 1995, Wigfall painted her apartment with a sponge, creating a pink polka dot effect. At approximately eight that evening, Wigfall's friend Michael Kelly arrived. Approximately two hours later, after Wigfall's daughter went to bed in her room,

Wigfall's brother, Andre Clark, and his girlfriend, Rosemary Flowers, arrived. Wigfall admitted that by that time she had probably split eight beers with Kelly. According to Wigfall, shortly after ten, she was standing with her elbow on the breakfast bar, when her brother told a particularly funny joke. Wigfall alleged that in response, she laughed so hard that she stepped backward, making contact with the window. The glass shattered and she plummeted through the window, landing on the cement and bushes below.

Although the guests in Wigfall's apartment at the time of the accident corroborated her story at trial, several independent, third party witnesses contradicted Wigfall's version of the facts. Testimony from these other witnesses indicated that there were at least four other people in Wigfall's apartment, including two unidentified bald men, a man nicknamed "Stutter Box," and Wigfall's neighbor, Juanita Johnson. Three women residing across the street testified that they had all gathered in one apartment that evening when they heard considerable commotion emanating from Wigfall's apartment. They had apparently

turned off all their interior apartment lights and were peering across the street at Wigfall's apartment complex as a source of entertainment. As the evening progressed, they allegedly observed an altercation inside Wigfall's apartment; several individuals were pushing and shoving each other, while the entire group seemed to be fighting and speaking animatedly. It was purportedly so raucous that the women called the police to break it up.

However, while one of them was calling 911, they heard a female voice screaming "Andre," followed by a loud crash. They then saw Wigfall plunge from her picture window. The women ran outside, where a crowd was quickly forming, and saw Wigfall's brother Andre pacing back and forth with his head in his hands, repeatedly crying out that he was sorry. Additionally, the resident living below Wigfall's apartment testified that she had been awakened by a resounding, "thumping" noise, followed by glass shattering. She rushed outside to her patio area and observed two bald men sprinting out of the complex's gate. Another resident, who lived on the opposite side of Wigfall's complex, testified that she could hear people loudly arguing and swearing, and then heard Andre yelling, "I'm going to kill you" before hearing the window fracturing. A paramedic testified that when he asked Wigfall whether she'd fallen, she allegedly exclaimed that she had not, and that she wanted to talk to Andre. The police officer who examined Wigfall's apartment after the accident noted that there were 20 empty beer bottles and two bottles of vodka strewn about the living room.

At the hospital, Wigfall's blood alcohol level purportedly registered .243. According to the toxicologist's testimony, Wigfall would have had to consume nine one-ounce shots or nine beers to reach that level of intoxication. As a result of the fall, Wigfall suffered a T-10 compression fracture, rendering her a paraplegic; she is permanently paralyzed from the waist down. Wigfall's future medical and living expenses were estimated at between $1 million and $2 million. Medi-Cal asserted a lien of $105,000 for the medical bills it has paid thus far.

Wigfall brought suit against the owner and property manager, both individually and in their corporate capacities, for premised liability; negligent failure to warn; negligent design, construction and installation; and strict liability. On Sept. 23, 1997, the court granted defendant's motion for summary adjudication with respect to every cause of action except for premises liability.

Plaintiff Contentions: Plaintiff contended that Pinkett, the property manager employed by defendant R.K. Properties, expressly admitted that he believed the window was dangerous. Additionally, he testified that the defendants should have installed safety bars or safety glass, which would have cost less

than $200. Plaintiff further alleged that plaintiff's window violated current building codes, including the Los Angeles Building Code, which requires that glass be one-quarter of an inch thick, or that the builder utilize safety glass, which would have cost less than $200. Plaintiff further alleged that plaintiff's window violated current building codes, including the Los Angeles Building Code, which requires that glass be one-quarter of an inch thick, or that the builder utilize safety glass, Plexiglas or safety bars. Plaintiff claimed that the one-eighth inch annealed glass was insufficient to provide any protection against falling through in the event of inadvertent contact with the window.

Defendant Contentions: Defendants contended that the window complied with the applicable building code which was in effect at the time of installation which is all that is required by law. Defendants further alleged

The police officer who examined Wigfall's apartment after the accident noted that there were 20 empty beer bottles and two bottles of vodka strewn about the living room.

that the building was never significantly remodeled or renovated, and that the subject window had never been broken, thereby obviating the necessity of upgrade or replacement. Defendant disputed the admission made by Pinkett, claiming that he was a disgruntled former employee who was incensed about being terminated. Defendants presented expert testimony that the subject window was of sufficient strength to withstand incidental contact and that it was a reasonably safe window. Defendants' experts further testified that the glass would not have broken absent significant force. The experts thus opined that plaintiff must have been pushed through the window with substantial force and that it would not have broken had she merely walked into it by taking a couple of steps backward, as she alleged.

Jury Trial: Length, 12 days; deliberation, 5 hours.

Settlement Discussions: In 1997, plaintiff demanded $2 million to settle the case. In January 1999, plaintiffs conveyed a settlement offer of $200,000, which was rejected. During trial, defendants offered to pay $75,000 to the plaintiff, regardless of the outcome of the trial, if she agreed to cap her damages at $2 million. Plaintiff declined that offer.

Post-Trial Motions: On April 19, plaintiff agreed to relinquish her right to file all post-trial motions and appeals in exchange for a waiver of defense costs.

Litigator Profile: Robert W. Armstrong, the attorney for defendant property managers, was born and raised in Long Beach.  After attending Long Beach State for two years, he transferred to UC Santa Barbara, where he obtained a Bachelor of Arts degree in communications in 1974. An avid debater since high school, he then entered a masters program in that discipline at UC Santa Barbara. One year later, he enrolled at the University of the Pacific, McGeorge School of Law. Armstrong's father, Los Angeles Judge Robert W. Armstrong, Sr., had encouraged him to hone his debating skills, as he believed that this talent could prove invaluable in the legal arena. After graduating in 1978, Armstrong returned to Long Beach to work as an associate at Demler, Perona, Langer & Manzella. After one year, Edison J. Demler left the firm and asked Armstrong to join him at the newly-formed Law Offices of Edison J. Demler. In 1981, Armstrong was made partner, and the firm became Demler & Armstrong. In 1985, the firm restructured, becoming Demler, Armstrong & Rowland. Armstrong specializes in the litigation practice areas of bad faith, construction defect and serious personal injuries. Armstrong and his wife Cynthia have four children: Sara, 23; Jesse, 22; Noelle, 8; and Jacob 7.

Charles S. LiMandri, counsel for defendant owners, is a native of San Diego. He graduated from the University of San Diego with a bachelor's degree in English in 1977 and then moved to Oxford, England, where he commenced a graduate program in 16th Century English literature and history focusing on the life and works of Sir Thomas Moore. LiMandri then took a one-year hiatus from his studies to teach English and history at Saint Augustine High School in San Diego, while he applied for a Rotary scholarship. In 1979, LiMandri was accepted into the Rotary International Scholarship Program at the University of Whales at Aberystwyth in Great Britain, where he earned a one-year graduate degree in international law and relations.

LiMandri then returned to the states to attend Georgetown University Law Center, where he obtained his juris doctorate in 1985. After graduating, he joined the Los Angeles office of the now-defunct Adams, Duque & Hazeltine, where he litigated bad faith insurance defense and products liability cases. In 1983, LiMandri returned to the San Diego area to practice maritime law at Lillick, McHose & Charles. Two years later, he started up his own firm, the Law Offices of Charles S. LiMandri, now located in Rancho Santa Fe, where he litigates personal injury, business litigation, products liability and medical malpractice cases. LiMandri and his wife, Barbara, have three young children, Joseph, 5, Marie, 4, and Charles, 2. They are also awaiting the birth of another baby girl.