Case details
Defense claimed design of curb was approved by city
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fracture, shoulder
FACTS
On Dec. 28, 2016, plaintiff Bonnie Black, a Disneyland costumer in her 50s, was in the parking lot of a Costco store, in Pacoima, when she tripped and fell. Black sustained to a shoulder. Black sued the owner of the property, Plaza Pacoima LLC; the property developer, Primestor Development Inc.; and the tenant, Costco Wholesale Corp. Black alleged that the defendants negligently designed and maintained the parking lot, creating a dangerous condition. Black claimed that as she exited her vehicle in the parking lot, she tripped on an adjacent parking curb that had cutouts in it for a bioretention system and then fell into a planter. Plaintiff’s counsel contended that the cutouts in the curb were made too close to the parking spot and that the planter had a lower soil level than required per the design. Counsel also contended that Black could have regained her balance if the planter had an adequate soil level. The plaintiff’s safety expert opined that the parking stall width was insufficient. Defense counsel contended that the design of the curb cutout was appropriate and pursuant to the approval of the city of Los Angeles. Counsel also contended that the maintenance of the planter had nothing to do with the accident, as Black had already begun her fall by the time she struck the planter., Black sustained a fracture of her non-dominant shoulder. She was taken to a hospital by her daughter and underwent a reverse shoulder replacement (where the ball and socket are reversed in the shoulder). The more complicated and unusual surgery purportedly accounts for Black’s continued pain and disability. Black claimed that she may need a future shoulder replacement. Black sought recovery for her past and future medical costs, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Black $750,000 in total damages. The defense’s expert orthopedic surgeon opined that Black’s medical care and surgery was reasonable and that Black made a good recovery. The expert also opined that there was a good prognosis that Black’s shoulder replacement would last Black the rest of her life and that Black would not need a future surgery. The defense’s expert further opined that Black would be able to all her activities of daily living in the future.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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