Martini v. Bel Azure Homeowners Assn. CA4/1
Plaintiff and appellant Lorraine Martini sued defendants and respondents Bel Azure Homeowners Association (Association), Association's manager Morning View Associates, LLC (Morning View), and contractor City Service Contracting, Inc. (City Service) for negligence on a theory of a dangerous property condition after Martini tripped on loose gravel while accessing a private street within Association that was undergoing repaving. The jury returned a special verdict finding Association and Morning View each 35 percent negligent and Martini 30 percent negligent, but City Service not negligent. It awarded Martini $11,000 in past economic and noneconomic damages. Martini challenges the jury's verdict in City Service's favor, contending it is not supported by substantial evidence, it is fatally inconsistent with the verdicts of liability against Association and Morning View and it is the result of prejudicial instructional error.
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