Plaintiff claims dangerous condition presented with particle board as flooring
Plaintiffs Patrick and Sherry Cassasanta rented a residential property from defendants Dennis and Karen Saviano. Patrick Cassasanta was walking on the flooring in the attic above the garage when he fell through, suffering a fractured pelvis and wrist. In addition, impotence was argued as a result of the pelvic injuries.
Plaintiffs argued that defendants created a dangerous condition by installing particle board as flooring, as it was imbalanced and not secured or strong enough to use as a walkway.
Defendants contended that plaintiff Patrick Cassasanta was fully at fault, as he was familiar with the attic walkway and failed to exercise reasonable care for his own safety. In addition, defendants denied creating a dangerous condition and disputed the nature and extent of plaintiff’s injuries, including the claim of impotence.
An arbitration panel awarded $750,000 to plaintiffs, including $100,000 for loss of consortium, though the award was subject to a confidential high/low agreement. The matter settled for the full arbitration amount.
Type of action: Personal injury
Type of injuries: Fractured pelvis and wrist
Court/Case no./Date: Macomb County Circuit Court; 2011-1710-NI; Jan. 10, 2013
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