Case details
Broken chair caused neck and back injuries, plaintiff claimed
SUMMARY
$85528.5
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
bulging disc, cervical, neck
FACTS
On Nov. 1, 2009, plaintiff Eileen Thomas, 49, a school teacher, was sitting at a table in a food court at the Westfield mall located in Century City, when the left front leg of the chair she was sitting on suddenly broke. The chair subsequently collapsed, causing her to grab hold of the edge of the table tightly to avoid falling to the ground. Thomas claimed that the force she had to exert while holding on to the table caused to her neck, shoulders, back and arms. Thomas sued the owner of the mall, Westfield. She alleged that the defendant was liable for failing to properly repair and/or maintain the chair, creating a dangerous condition. Westfield admitted responsibility for the broken chair., Thomas claimed cervical disc bulges at the C3-4, C4-5 and C5-6 levels, and went to her chiropractor the day after the accident. She also claimed soft-tissue strains to her neck, shoulders, arms and back. Thomas underwent 15 months of physical therapy. Thomas missed a total of 17.5 days of work after the accident. She claimed she suffers residual pain and anxiety, as well as claimed having trouble sleeping. Thus, Thomas asked the jury to award damages for her medical costs, lost earnings and pain and suffering. Defense counsel disputed Thomas’ and damages, contending that it was a minor incident that could not have caused any significant . Counsel argued that the amount of her medical treatment Thomas underwent was excessive and unnecessary. The defense’s orthopedics expert opined that the incident could have caused, at most, mild muscle strains, which should have resolved with or without medical treatment in a few months. In addition, the defense’s biomechanics expert opined that there were no significant twisting forces applied by Thomas to cause a disc injury. Defense counsel noted that eight months before the incident, Thomas’ orthopedist diagnosed her with degenerative disc disease after she complained of clicking in her neck.
COURT
Superior Court of Los Angeles County, Beverly Hills, CA
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