Case details
Car lift lowered on customer’s foot, causing toe injury
SUMMARY
$22839
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
finger, foot, fracture, hand, heel, phalanx, toe
FACTS
On Nov. 5, 2010, plaintiff Michael Cota, an unemployed 24 year old, took his car to West Coast Tire and Transmission in Oceanside. While his car was on a hydraulic lift, Cota leaned over to grab his cell phone from his car, when the lift came down on his right foot. Cota sued West Coast Tire and Transmission. He alleged that the defendant was negligent for failing to warn of a dangerous condition and guard against injury. Cota claimed he leaned over to grab his cell phone after the lift had come to a stop, but that while he was doing this, the lift began to lower again and came on his foot. Plaintiff’s counsel contended that the operator of the hydraulic lift was negligent in failing to check if Cota was near the car when he began to lower the lift again. The plaintiff’s liability expert opined that the defendant should have had some type of safety barrier to prevent Cota from accessing the car while it was being lowered on the lift. West Coast Tire contended that Cota was contributorily negligent, and should have alerted the operator or someone else before attempting to get his phone from the car. The defendant further contended that the lift never came to a stop and started again, and that it was in the process of being lowered when the plaintiff tried to grab his phone., Cota drove himself to an emergency room from the defendant’s shop. He was diagnosed with two distinct fractures of his right big toe, including a comminuted fracture of the distal phalanx. His toe was placed in a splint and covered by a walking boot, which Cota wore for six weeks. He then followed up with six weeks of physical therapy. Cota claimed the nail bed of his right big toe was severely damaged as a result of the trauma, requiring two procedures to remove an ingrown toenail, the most recent occurring one year post-accident. Cota claimed that his toe was pretty much healed, but that he deals with some residual stiffness and soreness. His medical expert testified that the stiffness condition could become chronic, causing degenerative joint disease that would require future physical therapy, pain injections and possible surgery. Cota claimed that during his recovery, he was restricted in activities like skateboarding, snowboarding, mountain biking and jet skiing, which could also be affected in the future. Thus, Cota claimed $2,879 in past medical costs, and asked the jury for $89,000 in total damages, including future medical costs and pain and suffering. Defense counsel did not dispute Cota’s initial injury and treatment, but contested his need for future surgery and treatment. Counsel also disputed the amount of Cota’s pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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