First California Investments owned a property at 732 Brannan Street in San Francisco. The City and County of San Francisco leased the property to provide workspace for their employees, including the Office of the District Attorney. J.W. worked for the Office of District Attorney as an investigator. One day, when he was using an interior stairwell of the building, the handrail unexpectedly broke. J.W. lost his balance, and his left knee struck the stairway, resulting in a tear of his meniscus, requiring surgery.
Due to the terms of the lease, J.W.’s employer, the City and County of San Francisco, provided the property owner with a defense and indemnity. CCSF attempted to have the case dismissed, but the discovery and depositions by J.W.’s lawyers demonstrated that the railing was defective due to a faulty repair and that the property owner was legally responsible.
JW obtained a gross civil settlement of $340,000 for his civil action and an additional $110,000 for his workers’ compensation claim. The employer ended up paying both settlements and waived the employer’s workers’ compensation lien worth approximately $95,000. The total value of the settlement was $545,000.
