Case details

Crowded condition around pool caused fall, party guest claimed

SUMMARY

$57000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
calcaneus, foot, fracture, heel
FACTS
On Nov. 7, 2010, plaintiff Susmita Doshi, 62, a homemaker, and her husband, Sudhir, attended an Indian New Year’s Eve party hosted by Shailesh Mukesh and Rupa Mehta at the home of Mahesh Vyas and Jayshree Vyas. The party was originally intended to be held outdoors, but due to inclement weather, was moved indoors on the day of the party. Because of this change, the indoor party was much more crowded and left much less walking room for the guests than the party hosts had originally planned for. In the particular room where Doshi was located, the party was even more crowded because of a large indoor swimming pool located in the middle of the room, thereby providing limited space for walking and standing around the pool. The pool was not illuminated by pool lights and the room received most of its lighting at that hour from the natural light that came in through the windows, which was not much on the day of the party due to the inclement weather. At around 4:30 p.m., Doshi walked toward her husband, but failed to recognize that she was stepping into the pool as she tried to pass by several guests due to the overcrowding and lack of light. As a result, Doshi fell about 3 feet into the shallow end of the pool, landing directly on her left foot and fracturing her left heel. Doshi sued Mahesh Vyas, Jayshree Vyas, Shailesh Mukesh and Rupa Mehta, alleging the defendants created a dangerous condition. Plaintiff’s counsel contended that the congestion created by the indoor pool, tables and significant number of people located within the room where Doshi was located, as well as the poor lighting of the room and pool, all created an environment where it was likely for guests to have difficulty appreciating and delineating the boundaries of the pool while also being forced to stand and walk next to the pool. Counsel also discovered that another guest at the same Indian New Year’s Eve party that night had also fallen into the pool shortly after Doshi’s accident. Plaintiff’s counsel contended that the fact that another guest fell into the pool on the same evening indicated that the pool was not an open and obvious hazard under the conditions of the party, but rather a dangerous condition that should have been rectified through better lighting, barriers, or some other precautionary measures. The defendants contended that the pool constituted an open and obvious hazard, as substantiated by considerable case law in various jurisdictions dismissing such cases., Doshi fell about 3 feet into the shallow end of the pool and land directly on her left foot, resulting in a displaced fracture of the calcaneus in the left heel. She was subsequently taken by her husband to a hospital for treatment. On Nov. 24, 2010, Doshi underwent open reduction and internal fixation surgery on her calcaneus fracture at a Kaiser Permanente Medical Center in Orange County. Thereafter, she underwent rehabilitative physical therapy from December 2010 until May 23, 2011. Doshi did not claim any residual problems or limitations. Thus, she only sought recovery for her past pain and suffering, and claimed past medical bills of $26,425.23.
COURT
Superior Court of Orange County, Orange, CA

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