Case details

Customer claimed water on store’s tiled ramp caused fall

SUMMARY

$475000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back pain, head fracture, left elbow
FACTS
At around 10:30 a.m. on Nov. 8, 2012, plaintiff Olga Fleshman, a retired 68 year old, entered the Metro PCS store at 4376 South Vermont Avenue, in Los Angeles, and slipped and fell. Fleshman was about two or three steps into the store when she slipped and fell backward onto her left elbow and buttocks. She claimed to her left elbow and back. Flsehman sued the believed operators of the store, No. 1 Wireless, LLC; T-Mobile USA Inc.; and Cesar Alegria, doing business as Haze Wireless. Fleshman alleged the defendants failed to properly maintain the store’s floor, creating a dangerous condition. Months before mediation, T-Mobile was dismissed from the case for a waiver of costs. Thus, the matter continued against Cesar Alegria and No. 1 Wireless only. Fleshman claimed that she was about two or three steps into the store when she slipped on water that had accumulated on the tiled entrance ramp in the store, creating a wet and slippery surface. She alleged that as a result of the moisture on the floor, she fell backward and landed hard on her elbow and buttocks. Plaintiff’s counsel contended that it had been drizzling outside on the morning in question, causing rain water to either be tracked into the store or blown into the store from the front door being propped open. Thus, counsel asserted that Alegria and No. 1 Wireless failed to maintain the premises so as to avoid exposing patrons to an unreasonable risk of injury, failed to take any steps to remedy or warn of the dangerous condition, and negligently directed patrons, such as Fleshman, to use the subject area, despite knowledge of its dangerous condition. Defense counsel contended that there was no water present on the tiled entrance ramp and that Fleshman was at fault for the fall., Fleshman sustained a complex fracture and dislocation of the left, non-dominant elbow’s terrible triad, including a collateral ligament rupture, a radial head fracture, and a coracoid process fracture. She was subsequently transported by ambulance to an emergency room, and she ultimately underwent three surgeries. The first surgery included an open arthrotomy, a chondroplasty, and an open reduction of the left elbow joint; a left radial head replacement surgery; and a primary repair and reconstruction of the lateral collateral ligaments and adjacent tissues of the left elbow. Fleshman’s second surgery included an elbow excision of a previously placed radial head impact, and a total elbow replacement. Her third elbow surgery included the removal of a loosening implant at the distal humerus, further revision of the total elbow arthroplasty, and decompression of the ulnar nerve. Fleshman claimed that despite the surgeries, her left elbow’s range of motion is limited and her pain continues. She also claimed that she continues to suffer back pain. Thus, Fleshman sought recovery of $72,771.92 in medical specials.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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