Case details

Defective door caused disabling shoulder injury: suit

SUMMARY

$49692

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, fracture, humerus
FACTS
On Dec. 18, 2008, plaintiff Bridgitte Barker, 45, an administrator for the Volunteers of America, was struck by the door to her storage garage at her apartment complex in Santa Monica as she attempted to close it. Barker asked her cousin to open the door to her storage garage while she finished doing her laundry in the room next door. When she later went to the garage, the door came down on her right shoulder as she tried to close it. Barker sued the landlord and property owner, Matthew Millen. She alleged that Millen failed to properly repair and maintain the garage door, creating a dangerous condition. She also alleged that the defendant had notice of this defective condition. Barker claimed that when Millen purchased the property in 1997, the property inspection report identified a significant dilapidation with the subject garage door. She claimed that despite the finding, Millen never had the door fixed. She also claimed that the defendant should have hired a general contractor to routinely inspect the door. Millen claimed that he received no complaints regarding Barker’s garage door prior to the date of the incident. Thus, he alleged that he was not liable for the subject accident because the law requires him to have actual notice of the defective door., Barker presented to Kaiser Permanente two days after the accident with right shoulder discomfort. She underwent an X-ray and MRI, both of which revealed a fracture of the humeral head in her right, dominant shoulder. She subsequently followed up with roughly nine months of physical therapy, amassing 64 total visits. Barker claimed she developed adhesive capsulitis, or a frozen shoulder, as a result of the fracture, causing her residual pain, stiffness and reduced range of motion. She also claimed she will require surgical manipulation and debridement of her shoulder. Barker further claimed that she missed 18 months of work following the accident, and that the limitation of her right arm affects her ability to socially interact and go bowling. Thus, the plaintiff sought recovery of damages consisting of $23,900 for past medical costs, $35,592 in future medical costs, $60,000 in past lost earnings, roughly $7,000 in future lost earnings, and an unspecified amount for her past and future pain and suffering. Defense counsel argued that Barker did not suffer a serious shoulder injury and that her only reasonable medical treatment was her initial visit to Kaiser. Counsel also argued that the rest of the plaintiff’s treatment was unreasonable and that she had no need for future surgery. In addition, defense counsel contended that, at the time of the incident, Barker had been laid off from Volunteers of America due to budget cuts and could not claim lost earnings.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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