A California jury has ruled that a homeowners association was not negligent in connection with the death of a man in its swimming pool.
Facts and Allegations
On June 29, 2015, Alik Khachikyan, 59, was discovered in the outdoor swimming pool of the Stocker Gardens apartment complex in Glendale, California. He had been visiting his daughter, Dazmira Khachikyan, who lived in the complex with her husband and children, when he fell in the pool and was pronounced dead from drowning a short time later.
His widow and four adult children sued the homeowners association that owned and operated the building where the pool was located for negligence.
Ms. Khachikyan's 3 1/2-year-old son was the only witness, and he testified that he saw his grandfather walking near the pool when his foot hit a potted agave plant, which caused him to fall into the pool and drown. The plaintiffs' counsel argued that the potted plant was an obstruction that violated the Los Angeles County Building Code because it was within four feet of the pool.
The defense's safety and human factors expert and pool expert both testified that the building code was not violated and that the pool was safe. The pool expert also presented testimony and evidence showing that the pool had been inspected by the county and that there were no violations related to the potted plant.
The defense's expert child psychiatrist opined that child witnesses were not reliable. In addition, defense counsel noted that during cross-examination, the decedent's grandson admitted on the stand that his mother had told him to say that his grandfather had hit his right foot on the plant.
The parties established a $1 million/$75,000 high/low agreement.
Result
The jury rendered a defense verdict, concluding that the homeowners' association had not been negligent in the use or maintenance of the property. Thus, the decedent's family recovered the high/low agreement's $75,000 minimum amount.
The case is Khachikyan v. Stocker Garden Homeowners Ass'n, No. BC658051 (Cal. Super. Ct. L.A. Co. March 19, 2019). Attorneys involved include: Eric C. Bonholtzer; Ball & Bonholtzer; for Dazmira Khachikyan, Arsen Khachikyan, Kristine Khachikyan, Lilit Khachikyan, Aida Khojoyan, Estate of Alik Khachikyan; Richard H. Martha; Horton, Oberrecht, Kirkpatrick & Martha, APC; San Diego, CA for 551 Stocker Garden Homeowners Association; Erin E. Schroeder; Horton, Oberrecht, Kirkpatrick & Martha, APC; San Diego, CA for 551 Stocker Garden Homeowners Association.
Insurance Coverage Law Report Comment
This report is based on information that was provided by plaintiffs' and defense counsel. Additional information was gleaned from court documents.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].