Case details

Alleged concrete defect was trivial, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, fracture, wrist
FACTS
On May 22, 2016, plaintiff Kathleen Hurtado, a homemaker in her 50s, was dancing with her husband at an event at the Swiss Park Bar and Grille, in Newark. She claimed that she tripped and fell on a concrete seam on the dance floor. She sustained to her right wrist. Hurtado sued the operator of Swiss Park Bar and Grille, Newark Swiss Park Inc. Hurtado alleged that Newark Swiss Park failed to adequately inspect, maintain and/or repair the concrete seam, creating a dangerous condition. Hurtado claimed that concrete was uplifted approximately one-quarter to one-half of an inch at the seam, causing her to trip and fall. She claimed that the uplifted concrete was a dangerous condition because it was located in an area that was routinely used for dancing and presented a particularly heightened risk of causing a trip and a fall. Defense counsel argued that there was no uplift or defect in the concrete and that, even if there was such a defect, it was not dangerous. Counsel also argued that photographs taken of the alleged defect prior to Newark Swiss Park’s repair of the concrete at issue were of poor quality and were not sufficient to establish the size or existence of the alleged uplift., Hurtado sustained a fracture of right, non-dominant wrist’s distal radius. She brought herself later to a hospital on the evening of the incident and was treated for the fracture. However, the bone did not property set, and she required a surgical open reduction and internal fixation. She then underwent three months of physical therapy. Hurtado claimed she still has some lingering pain in her wrist. Hurtado sought recovery of past medical costs, and damages for her past and future pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA

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