Case details

Actor fell while running on wet patio, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
injuring left leg, residual pain, weakness left knee
FACTS
On April 9, 2014, plaintiff Thomas O’Brien, 48, a go-go dancer, was hired to be an actor in a video shoot for an online dating service. August Getty gave permission to Brad Hammer to use his residence for the shoot. During the filming, water was squirted from water guns onto various performers on both the upper and lower patio, which had a 6-inch height differential. O’Brien alleged that he slipped and fell, his left leg. O’Brien sued the owner of the property, Algreno LLC; the company’s officer, Ariadne Getty; Ms. Getty’s son, August Getty; the Getty Trust; and the director of the video shoot, Brad Hammer. O’Brien alleged that the wet patio constituted a dangerous condition, and asserted liability theories of general negligence and premises liability. Prior to trial, Ms. Getty and Mr. Getty were dismissed from the case. Hammer, who was never served, was also dismissed from the case. In addition, a media company, NKPS Media LLC, and its owner, Norman Van Treeck, were named as defendants, but also let out of the case. Thus, the matter proceeded against Algreno LLC only. O’Brien claimed that water was squirted from water guns onto various performers during the video shoot, which made the patio surface wet on both the upper and lower levels. He claimed that as a result, when someone asked him to join a conga line during the video shot, he took two steps and slipped on the wet, upper patio and landed in a “splits” position. Plaintiff’s counsel contended that the water on the patio constituted a dangerous condition that the owner knew or should have known about. Thus, counsel argued that Algreno LLC should have warned about the dangerous condition. The plaintiff’s accident reconstruction expert also opined that the upper patio was unreasonably slippery when wet, and should have had some sort of acid etching or slip-resistant coating. Defense counsel for Algreno LLC argued that Algreno LLC had no notice of the alleged condition and that there was no dangerous condition of which to warn. Counsel also argued that O’Brien and/or the video director were negligent. Specifically, defense counsel contended that witnesses testified that O’Brien was running and jumped from the upper patio to the lower patio. Counsel also contended that the video director gave the order for the deployment of squirt guns. The defense’s biomechanics expert opined that the patio surfaces on both the upper and lower levels were satisfactorily slip-resistant in either wet or dry conditions., O’Brien sustained a left quadriceps tendon rupture. He subsequently drove to his orthopedist’s office immediately after the incident. O’Brien ultimately underwent surgical repair of the quadriceps tendon on April 11, 2014. He then underwent three months of physical therapy. O’Brien claimed that he suffers from residual pain and weakness in his left knee, particularly after performing strenuous activities or going up and down stairs. The plaintiff’s treating orthopedic surgeon opined that O’Brien’s injury was caused by the accident and that there is a 30 percent chance that O’Brien may need future surgery. He also opined that O’Brien would benefit from periodic epidural injections and medication. Thus, O’Brien sought recovery of $60,000 in past medical costs, $50,000 in future medical costs, $8,000 in past loss of earnings, and between $200,000 and $300,000 in damages for his past and future pain and suffering. The defense’s expert orthopedist opined that O’Brien’s surgery was a success and that O’Brien had not needed to see any doctors since October 2014. Thus, he opined that O’Brien does not require any future surgery. Defense counsel did not contest the amount of alleged lost earnings, but argued that O’Brien’s past medical costs should have only been between $9,000 and $15,000. Counsel also argued that there will be no future medical expenses.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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