Case details

Dangerous slipping condition did not exist, defense claimed

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, cervical, disc protrusion, herniated disc, lumbar, neck
FACTS
On Aug. 23, 2008, plaintiff Chom Chang, an unemployed 52 year old, was walking her dog in a stroller in an area maintained by the Larkspur Maintenance Association, a homeowners’ association in Riverside, when she slipped and fell on the association managed streets. Chang sued Larkspur Maintenance Association; the property manager, Encore Property Management; and the county of Riverside. She alleged that the defendants failed to safely maintain the property, creating a dangerous condition. Furthermore, she alleged that the defendants failed to warn of the dangerous condition. The county was ultimately dismissed from the action prior to trial. Chang contended that she slipped and fell due to algae that had formed in a stream of water running downhill, which was allegedly was emanating from homeowners’ lawns that were being overwatered. She claimed that overwatering was a persistent problem in the community, which Encore had failed to address, and that both defendants failed to warn her of the danger imposed by algae growing in the water runoff from other association residents. The defendants denied Chang’s claim that a dangerous condition existed on the property. The defense’s civil engineering expert, as well as board members of the association, refuted the claim that a dangerous condition existed or that any warning was necessary for an “open and obvious” condition., Chang returned home after the fall, but claimed she suffered back and neck pain. She alleged that she initially treated with local acupuncturists and chiropractors, and participated in physical therapy sessions. Chang claimed that when those treatments provided no relief, she was examined by her treating physician and underwent MRIs. As a result, she was diagnosed with cervical disc herniations and lumbar disc protrusions, for which a lumbar discogram and a minimal invasive cervical discectomy were recommended and performed on Dec. 8, 2008. Chang alleged that her pain did not decrease by the time of trial. Thus, she asked for approximately $200,000 in damages for her past medical costs and $500,000 in damages for future medical expenses related to necessary surgeries, as well as for unspecified damages for her past and future pain and suffering. Defense counsel disputed Chang’s claims that her neck and back were a result of the alleged fall. The defense’s expert orthopedist opined that the plaintiff’s existed before the date that Chang claimed she fell. Defense counsel also presented disciplinary records from the California Medical Board against Chang’s treating physician to discredit the scope and expense of the plaintiff’s medical treatment.
COURT
Superior Court of Riverside County, Riverside, CA

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