Case details

Defendants denied liability for fall at swimming facility

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
elbow dislocation, fracture, left distal radius, left forearm, left ulnar styloid, right elbow, right proximal ulnar
FACTS
On Oct. 11, 2014, plaintiff Nicole Palmer, 42, a registered nurse and discharge coordinator at Kaiser Permanente, was at a swim meet at Selma High School. While at the meet, Palmer tripped over a hose on the pool deck and fell forward, landing on both of her outstretched arms. She sustained to her right elbow and left forearm. Palmer sued the operator of Selma High School, Selma Unified School District; the company that sanctioned the meet, USA Swimming Inc.; the meet organizer, Raisin Country Aquatics; and the swimming club, the Tule Nation Tritons. Palmer alleged that the defendants were negligent in failing to address the property’s dangerous condition. USA Swimming and Tule Nation Tritons were ultimately dismissed from the case. Plaintiff’s counsel contended that Raisin Country Aquatics failed to comply with Central California Swimming Rules, which require a pre-meet inspection to be performed to look for problems at the facility, including trip hazards. Counsel also contended that the school district was liable for the property’s dangerous condition. Defense counsel argued that Raisin Country Aquatics was not negligent and that recreational immunity applied to Raisin Country Aquatics, pursuant to Civil Code § 846. Counsel contended that Civil Code § 846 states that a property owner does not owe a duty of care to individuals entering the property for a recreational purpose, or to keep the premises safe for entry or use by others for any recreational purpose, or to give any warning of hazardous conditions on the property. Defense counsel also argued that there was no dangerous condition on the property and that recreational immunity applied to Selma Unified School District, pursuant to Government Code § 831.7(a). Counsel contended that Government Code § 831.7(a) provides, in relevant part, that a public entity is not liable to any person who participates in a hazardous recreational activity., Palmer sustained a fracture of the right proximal ulna with an elbow dislocation and fractures of the left ulnar styloid and left distal radius. She was subsequently taken to a hospital and immediately rushed into surgery to repair the fractures of her left wrist and right elbow. Palmer ultimately underwent four surgeries involving her right elbow and left forearm, including open reduction and internal fixation to each arm on the date of the subject incident. Hardware was later removed from Palmer’s right elbow in or about May 2016, and hardware was removed from Palmer’s left forearm around August 2016. One of Palmer’s treating physicians, and a defense physician who performed an independent medical exam, but did not testify at trial, recommended that Palmer undergo a future surgical procedure to remove additional hardware from the left forearm. Palmer was out of work for approximately three months post-incident. She claimed that her current limitations include residual pain and discomfort involving both upper extremities, as well as a loss of grip strength. Thus, Palmer’s counsel asked the jury to award Palmer $602,000 in total damages, including approximately $103,000 in past medical expenses and $21,000 in past lost wages.
COURT
Superior Court of Fresno County, Fresno, CA

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