Case details

Customer claimed failure to maintain store caused fall

SUMMARY

$181136.34

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
broken bone right leg, fracture, right femur, right leg
FACTS
At around 10 a.m. on Oct. 23, 2013, plaintiff Daisy Rivera, 44, a stay-at-home wife, was shopping in the produce section of Superior Grocers grocery store, in Los Angeles, when her right foot slipped, causing her to fall. Rivera sustained of her right leg. Rivera sued the operator of Superior Grocers, Super Center Concepts Inc., alleging that the store’s employee negligently maintained the premises, creating a dangerous condition. Rivera claimed that she slipped on water that was left on the floor of the produce section. Plaintiff’s counsel contended that Superior Grocers’ employees failed to follow the store’s maintenance policy, which was designed to discover dangerous conditions, while conducting sweeps of the produce department. Counsel also contended that the water would have been discovered and removed, had the store followed its store policy for conducting sweeps. Defense counsel denied that Super Center Concepts had notice of any alleged dangerous condition, and argued that Rivera did not fall on the small amount of water present. Counsel also contended that Rivera did not know the source of the water or how long the water was on the floor prior to her fall. Counsel further contended that Super Center Concepts had a reasonable safe inspection method and that its employees had inspected the area in question less than five minutes before Rivera’s fall. Thus, defense counsel argued that Rivera fell as a result of her own negligence. Specifically, counsel contended that Rivera tripped over approximately 10 produce bags that she had just taken from the roller, without separating them, and allowed them to hang by her feet. Counsel added that the mechanics of Rivera’s fall were more consistent with a trip than a slip., Rivera suffered a fracture of her right femur. She was subsequently transported by ambulance to a hospital immediately after the fall. That same day, Rivera underwent surgery with the insertion of metal hardware to stabilize the broken bone in her right leg. Rivera claimed that as a stay-at-home wife, mother and grandmother, her family relied on her to cook, clean, do laundry, and perform other household tasks. However, she claimed that she was unable to provide household services for approximately eight months post-accident. Thus, Rivera sought recovery of $64,636.34 in past medical expenses related to her treatment, including charges for her hospital stay, subsequent orthopedic consultations, radiology exams, and physical therapy. According to defense counsel, Rivera sought recovery of $450,000 in overall loss of household services.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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