Case details

Customer: Failure to warn of mopped floor caused fall

SUMMARY

$52000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, chondromalacia, chondromalacipatella, fracture, knee, medial meniscus, tear
FACTS
On May 15, 2009, plaintiff Lucille Finner, 60, a retiree, went to buy lottery tickets at a 7-Eleven store in Palmdale. After stepping off the mat at the register, she took one step and slipped and fell on the floor, which had just been mopped by an employee. Finner claimed an to her left ankle and right knee. Finner sued 7-Eleven Inc. and the franchisee of the store, Syed Gilani. She alleged the defendants failed to warn of a slipping hazard, creating a dangerous condition. Finner claimed that while she was at the register buying lottery tickets, the employee was mopping behind her and to her left. She alleged that at no time did he place any signage or barricades to warn her or other customers of the wet floor. Finner also claimed that the video surveillance tape showed that at the time of her slip and fall, the floor was shinning from being mopped. In addition, she alleged that there were other people in the store and hence, she could not hear the employee mopping behind her. She further alleged that she is blind in her left eye and could not see the employee when he was mopping to her side. The defendants claimed that there was a wet floor sign placed at the time of the incident and as such, 7-Eleven fulfilled its duty to warn of a dangerous condition. They further claimed that Finner wasn’t paying attention. They alleged that she was too engrossed in buying lottery tickets to see and hear the employee mopping around her or notice a warning sign that was placed on the ground., Finner was taken by ambulance to an emergency room. She sustained a fractured left ankle, for which she underwent open reduction surgery, followed by closed reduction casting. After the surgery, she developed deep vein thrombosis, for which she treated with the blood thinner Coumadin. Finner claimed that as a result of the accident or from compensating for her injured left ankle, she suffered a right knee injury, consisting of chondromalacia and a torn medial meniscus. She subsequently underwent arthroscopic surgery on her knee on April 27, 2011. The plaintiff claimed that her DVT has been relieved, but that she still experiences occasional ankle pain. She also claimed that she suffered limited motion to her knee prior to the surgery. Thus, Finner sought recovery of damages for her past medical costs and past and future pain and suffering. Defense counsel contended that Finner’s knee injury was not related to the accident. Counsel contended that the torn meniscus occurred prior to the fall and noted that Finner did not make any complaints until seven months after the accident.
COURT
Superior Court of Los Angeles County, Palmdale, CA

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