Case details

Apartment owner claimed no notice of defective threshold

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
knee, sprains, strains
FACTS
On Nov. 23, 2009, plaintiff Arquila Fulton, a caretaker of an elderly woman, tripped over the threshold at her back doorway of her apartment in Vallejo. She subsequently sprained her right knee. Fulton sued the owner of her apartment, Robert Riley. Fulton alleged that Riley failed to properly repair and/or maintain the threshold, creating a dangerous condition. Specifically, she claimed that the threshold was defective and broken. Riley claimed there was no reason to have known that the threshold was defective or broken, as there were no other prior breaks. Plaintiff’s counsel noted that defense counsel used no peremptory challenges during jury selection., Fulton sustained a right knee sprain. She was subsequently brought to a hospital by her relative later that day, and underwent an exam and an MRI. Fulton later treated with three months of chiropractic care. Fulton claimed that she was left with residual pain when she walks for long periods of time. Thus, she claimed that she is somewhat restricted in her activities. Defense counsel asserted that the initial treatment for Fulton’s sprain was reasonable, but that further examinations and an MRI were unnecessary.
COURT
Superior Court of Solano County, Fairfield, CA

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