Case details
Defendant denied responsibility for leaking sprinkler system
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fibula, fracture, leg
FACTS
On Sept. 25, 2012, plaintiff Daniel Getsla, an operating engineer, was working at the San Francisco Federal Building at 90 7th Street in San Francisco, through his employer “At your Service Heating and Cooling.” Getsla had been at this location since March 2009. He claimed he received a report about water flowing and discovered three leaks, with the third leak being located on a grassy incline near the building entrance. While investigating the sprinkler leak, Getsla’s right foot slid out in front of him on the wet, grassy incline, causing his left ankle to twist. Getsla sued Exemplar Enterprises Inc., which was responsible for grounds maintenance, specifically landscaping. Getsla alleged the defendant failed to properly maintain the landscaping, creating a dangerous condition. Specifically, he claimed Exemplar Enterprises damaged the sprinkler line while performing landscape maintenance. Exemplar Enterprises claimed that they were not responsible for the outdoor sprinkler system and that Getsla’s allegations of liability were speculative., Getsla sustained a fractured fibula of his left leg on Friday, Sept. 25, 2012, but did not present for medical care until the following Monday. He then opted to forgo surgery, and chose immobilization and crutches for four months. Getsla was off of work for six months while he recovered. He then returned to work in the same position and without limitations. However, Getsla claimed he does have pain in the general area of the fracture after working a long day. The plaintiff’s podiatry expert opined that Getsla’s leg pain was attributable to the accident. Thus, the expert opined that Getsla would eventually require surgery. Thus, plaintiff’s counsel asked the jury to award Getsla $960,000 in total damages, including $8,819.95 in past medical costs and $42,952 in past loss of earnings. The defense’s orthopedic surgery expert opined that Getsla’s injury was healed and that Getsla’s continued pain could be attributable to his diabetes. In addition, defense counsel contended that Getsla had pre-existing arthritis, which also could cause Getsla’s alleged leg pain and was why Getsla’s recovery was taking so long.
COURT
Superior Court of San Francisco County, San Francisco, CA
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