Case details

Defense claimed child fell after unnecessarily climbing on sink

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
disfigurement, leg, scar
FACTS
On April 9, 2011, plaintiff Natalie Cantu, 7, was bowling with family and friends at Freeway Lanes in Selma. At about 9 p.m. she asked her parents if she could go to the restroom, and they both allowed her to go alone. While in the women’s public restroom, Natalie climbed up on top of a sink, which broke and caused Natalie to fall. As a result, she cut her right leg on a porcelain edge of the sink. Katherin Cantu, acting as Natalie’s guardian ad litem, sued the owners of Freeway Lanes, Edward Maldonado (doing business as Freeway Lanes and trustee of the Maldonado Family Trust) and Virginia Maldonado (as trustee of the Maldonado Family Trust). Cantu alleged that the bathroom constituted a dangerous condition. The Maldonados subsequently brought a cross-complaint against Natalie’s parents, Vincent and Katherine Cantu, alleging negligent supervision. Natalie claimed that she climbed on the sink because she was trying to reach a paper towel dispenser to dry her hands. Plaintiff’s counsel contended that the paper towel dispenser was placed approximately 5 feet above the ground and located above the sink. The plaintiff’s general contractor testified as to the installation heights of the towel dispensers and sink. The plaintiff’s expert civil engineer initially opined that the towel dispenser was too high for a child to reach and that it was not in compliance with the Americans with Disabilities Act and the California Building Code. However, since Natalie was not a person who qualified as disabled, any mention of a failure to comply with ADA requirements was not allowed and the civil engineer was not called. Defense counsel contended that there was a working hand blower that Natalie could have easily reached and that Natalie did not need to climb on the sink to reach the paper towels. Counsel also contended that the towel dispenser was in a different location than Natalie alleged. Thus, defense counsel argued that the manner of climbing on the sink described by Natalie and her parents did not make sense and that Natalie would not have been able to reach the towel dispenser in the position she described she was in at the time of her fall. In addition, counsel argued that if one of the adults, including her mother, had gone into the bathroom with Natalie, there would have been no need for her to climb up on the sink. In response, plaintiff’s counsel disputed that the towel dispenser was in a different location than Natalie alleged and noted that the subject bathroom had been remodeled since the incident. Counsel also disputed whether there was a hand blower installed at the time of the accident and if there was one installed, counsel disputed whether it was working., Natalie lacerated her right leg down to the bone, near the outside of her knee joint. As a result, she was immediately taken by her parents to Valley Children’s Hospital, in Madera, where the open wound was irrigated. Natalie then remained hospitalized for three days while the wound was watched for infection. Plaintiff’s counsel contended that Natalie was left with a jagged scar on the outside of her leg that measured approximately 6-inches long and about a half-inch wide. Thus, plaintiff’s counsel sought to have Natalie recover $21,131.97 in past medical costs and an unspecified amount of damages for Natalie’s pain and suffering. Defense counsel stipulated to the amount of past medical costs.
COURT
Superior Court of Fresno County, Fresno, CA

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