Case details

Defense argued plaintiff did not injure knees at location alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bilateral knee injury, bilateral torn menisci
FACTS
On Oct. 5, 2011, at approximately 12:15 p.m., plaintiff Angela Haley, a sales representative in her 20s, was leaving work to go have lunch. While walking in the polished granite lobby, on her way to the parking lot, Haley allegedly slipped and fell, landing on both knees. She claimed meniscal tears of both knees. Haley sued the owning entities of the building complex, Rreef America, LLC and Rreef America Reit II Corp. CCCC2; and the property management company, Transwestern. Haley alleged the defendants negligently maintained the property, creating a dangerous condition. CalWest Industrial Properties LLC was also initially named in the action, but was not a proper party and was subsequently dismissed from the lawsuit. Haley claimed that she slipped and fell on a slippery surface in a gap between a 4-foot carpet inlay and a 20-foot carpet runner. She contended that polished granite is inherently slippery and that the defendants failed to keep the lobby floor dry during the rainy weather on the date in question. Defense counsel disputed Haley’s account of the incident, arguing that there was no gap between the carpet inlay and the carpet runner. Instead, counsel argued that Haley likely fell somewhere else on the lobby floor. Defense counsel further argued that regardless of where Haley fell, Rreef America and Transwestern did everything to keep the premises safe. Counsel contended that in addition to the carpet inlay and runner, Rreef America and Transwestern placed two yellow warning cones and two umbrella stands in the area, exceeding the standard of care. In addition, defense counsel argued that there were no prior slip and fall incidents in the subject lobby during rainy weather and that Haley was wearing boots with worn down heels at the time of the incident, which greatly contributed to her slip and fall., Haley declined medical assistance at the scene, but sought medical treatment later in the day. She underwent MRIs and she claimed she sustained torn menisci in her knees. In November 2012, Haley underwent arthroscopic surgery on each knee. She then followed up with some physical therapy, as well as received cortisone injections and hyaluronic acid injections. Haley claimed the incident caused severe degenerative osteoarthritis in both knees to become symptomatic. She alleged that as a result, she now requires total knee replacements on two separate future occasions. She also alleged that she is limited in walking, driving and bathing, and that she requires her son to assist with household chores. Thus, Haley sought recovery of roughly $50,000 in past medical costs, $100,000 in future medical costs, and $350,000 in damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Haley’s alleged and damages. Counsel argued that Haley’s meniscal tears were pre-existing, degenerative in nature, and not caused by the fall. Defense counsel further argued that while Haley required future knee replacements, it was due to her severe degenerative osteoarthritis, and not a result of the slip and fall.
COURT
Superior Court of Orange County, Santa Ana, CA

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