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Torts Keyed to Henderson
Crisci v. Security Insurance Co.
Citation:
426 P.2d 173 (Cal. 1967)Facts
June DiMare and her husband were tenants in the plaintiff’s building. DiMare was descending the apartment building’s outside wooden staircase, when the stairs gave way. She fell through the opening to her waist, hanging 15 feet above the ground. DiMare suffered physical injuries and developed sever psychosis. No evidence was discovered indicating that DiMare had a history of mental illness, and DiMare alleged that the injuries were due to the plaintiff’s negligence. The plaintiff had $10,000 of insurance coverage under a general liability policy issued by the defendant. DiMare’s attorney proposed a $10,000 settlement, but the defendant refused to pay despite the plaintiff’s insurance policy due to the possibility that a jury rule in favor of the plaintiff on grounds of prior mental illness. A jury awarded DiMare a total of $101,000, and the defendant paid out the policy. The plaintiff then had to pay the rest and became indigent. As a 70 year old immigrant widow, the plaintiff’s change in financial situation caused a steep decline in her physical and mental health.
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