Henrioulle v. Marin Ventures, Inc.

John Henrioulle (plaintiff) broke his wrist when he tripped over a rock on a common stairway in his apartment building. Henrioulle had signed a lease agreement with his landlord, Marin Ventures, Inc. (Marin) (defendant), that had an exculpatory indemnification clause stating that Marin would not be liable for any injury occurring on the premises or in the common areas. In addition, the lease agreement also stated that Henrioulle agreed to hold Marin harmless for damages, regardless of their cause. There was a low-income housing shortage in Marin County, and Henrioulle received a rent subsidy because he was an unemployed widower with two children. Henrioulle sued Marin for negligence, arguing that the exculpatory clause could not relieve Marin of liability for his injuries. The jury rendered a special verdict that (1) Marin’s negligence proximately caused Henrioulle’s injury; (2) Henrioulle’s damages were $5,000; (3) Henrioulle was contributorily negligent; and (4) relative fault apportioned at 30 percent for Henrioulle and 70 percent for Marin. The court entered judgment for Henrioulle for $3,500. Marin moved for judgment notwithstanding the verdict (JNOV), contending that the lease agreement relieved it of liability, and the motion was granted. The superior court entered an order granting JNOV to Marin. Henrioulle appealed.