On June 27, 2014, Hupy and Abraham's client was relaxing and enjoying a summer day on the patio at his rental residence. However, his relaxing evening turned tragic when a porch railing gave way, caused him to fall, and suffered injuries. The insurance company argued that the client was uninjured during the fall, and that the landlord was not negligent in allowing the porch railing to fall into disrepair.
Attorney James Theisen rejected the insurance company’s arguments and demanded that the landlord be held responsible for negligently maintaining his tenant’s residence. The insurance company ultimately agreed to settle the case for $70,000.