Case details
Car wash’s failure to repair broken concrete caused fall
SUMMARY
$150000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, ankle ligament, knee, medial meniscus, tear
FACTS
On Feb. 24, 2012, at 12 noon, plaintiff Brent Gorton, 46, a music producer, was walking to retrieve his car that had just been washed at Santa Maria Car Wash. After the washer left the staging area, Gorton walked over to his vehicle and tripped and fell. He sustained to his right ankle and left knee. Gorton sued Letters Inc., which was doing business as Santa Maria Car Wash, and the property owner, Letters-White Enterprises Inc. Gorton alleged that the defendants failed to timely repair the area, creating a dangerous condition. Specifically, he claimed that he tripped on broken concrete at the staging area where customers go to pick up their vehicles and that the defendants knew of the broken concrete for some time, but failed to repair it. Defense counsel contended that the area was not dangerous., Gorton tore ligaments in his right ankle and the medial meniscus in his left knee. He subsequently went to an emergency room on his own straight from accident scene. Gorton ultimately underwent surgery on his right ankle, including an arthroscopic tricompartmental synovectomy, a chondroplasty of the talus and a removal of chondral loose bodies, at Pueblo Surgery Center in Santa Barbara on July 23, 2012. He then returned to Pueblo Surgery Center on Aug. 6, 2012, and underwent a left knee arthroscopy, including a subtotal medial meniscectomy, a synovectomy and the removal of chondral loose bodies. Gorton claimed he hired a nurse from Nurse Core to assist him with recovering from his two surgeries until Sept. 3, 2012. However, he claimed that he continues to suffer ongoing pain and discomfort to the right ankle and left knee. He stated that he believes that he is too young to undergo a total left knee replacement, so he continues to undergo conservative management and treatment. However, Gorton claimed that if conservative management fails, he will ultimately undergo a total left knee replacement as recommended by an orthopedic surgeon.
COURT
Superior Court of Santa Barbara County, Santa Maria, CA
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