Case details

Accumulation of ice on walkway led to death, family claimed

SUMMARY

$1050000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arterial, death, internal bleeding, loss of society, vascular
FACTS
On Dec. 19, 2008, plaintiff’s decedent, Richard Adams, 62, retired, was traversing a walkway in front of some stores at a strip mall on Bear Mountain Road in Apple Valley when he slipped and fell on ice. The decedent suffered major internal bleeding and was pronounced dead a short time later. Adams’ wife, Janice Adams, and his adult children, Richard Adams Jr., Reginald Adams, Eve Freie, Rebecca Love, Elizabeth Adams, Daniel Adams and Leah Cain, sued the owner of the center, JRM Properties, LLC; the center’s manager, FMK Management, LLC; and the sweeping company, Ragains Sweeping Service Inc.; as well as other entities that were ultimately let out of the case. The decedent’s family alleged that the defendants were negligent for failing to properly maintain the area, creating a dangerous condition, making them liable for the decedent’s wrongful death. Plaintiffs’ counsel noted that there was a snow and ice storm several days prior to the accident, which led to the walkway being icy. Thus, counsel asserted that the premises owners, tenants and/or their maintenance company failed to reasonably maintain the premises in a safe condition in that they failed properly clear the walkway, allowing the ice to accumulate on it. The defendants disputed as to whom was responsible for removing the snow and ice prior to the fall. However, regardless of which defendant was responsible, defense counsel contended that the condition was open and obvious. Plaintiffs’ counsel noted that the court denied three separate motions for summary judgment filed by two of the other defendants and Ragains Sweeping Service., The decedent, Richard Adams, was initially treated by paramedics and transported to a hospital, but he was pronounced dead approximately an hour later from internal bleeding. The decedent was 62. He was survived by his wife and seven adult children. The decedent’s family sought recovery of wrongful death damages, but did not make a claim for economic loss. Defense counsel contended that the decedent’s lifespan was shortened by a pre-existing liver condition and/or that the liver condition either caused or contributed to his death.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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