Case details

Defense claimed garage doorway threshold had no code violations

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
On Sept. 7, 2012, plaintiff Judy Howarth, 52, a customer service employee for a UPS store, was at the residence of David Mortensen, in Penryn, to help set up for the wedding of her son the following day. (Howarth’s niece from a former marriage was Mortensen’s wife.) As Howarth walked through the doorway of a 3,300-square-foot garage, she tripped on the thin, metal threshold that stuck out from the bottom of the doorway into a patio area. Howarth fell on her right hand, allegedly it. Howarth sued David and Kendra Mortensen. Howarth alleged that Mr. Mortensen was negligent in the construction of the garage and doorway. She also alleged that both Mr. and Mrs. Mortensen, as the properly owners were negligent for failing to repair the threshold, creating a dangerous condition. Howarth claimed that as she walked through the garage doorway, her foot got stuck underneath the lip of the threshold, causing her to hook her foot and land on her right hand. Plaintiff’s counsel contended that Mr. Mortensen acted as an owner-builder in the construction of the garage on his property and that as part of the construction, Mr. Mortensen had a subcontractor install a pre-fabricated door purchased from a construction supply store. Counsel contended that once installed, a thin metal threshold stuck out from the bottom of the doorway, into the patio area, by approximately 1.5-inches. Thus, plaintiff’s counsel argued that the threshold was not built to minimum construction standards, was a code violation, and constituted a dangerous tripping hazard. Plaintiff’s counsel noted that Mr. Mortensen testified that that he was aware of the threshold sticking out from the doorway and that he took responsibility for the workmanship of the garage construction. However, defense counsel noted that Mr. Mortensen claimed that he felt that any unsafe condition would have been pointed out by Placer County upon inspection. Mr. Mortensen’s mother-in-law testified to witnessing the accident and claimed that Howarth was looking back at the bride and yelling when she tripped over the threshold. The defense’s engineering safety expert testified that the two-year-old garage was built with permits and licensed contractors and that the door was properly installed, with no code violations., Howarth claimed that when she got off the cement after the fall, she noticed that the fingers of her right, dominant hand were bent awkwardly backward and that she had to manipulate them back into place. As a result, she immediately went to an emergency room, were she was diagnosed with was a badly sprained right hand. Her hand was subsequently placed in a splint and Howarth was told that her hand would heal over time. However, she claimed that despite extensive therapy, the hand remained extremely stiff, swollen, and sensitive to the touch several months after the injury. The plaintiff’s treating physicians, a board certified orthopedic surgeon and a board certified neurologist, testified that Howarth’s right hand had developed complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. The physicians also opined that Howarth had regained some range of motion in her right hand’s four fingers after physical therapy, but that Howarth would likely have pain and limitation in the hand for the rest of her life. Howarth claimed pain medications did not help her. Thus, she sought recovery of more than $400,000 in total damages for her future medical expenses, past and future lost income, and past and future pain and suffering. Defense counsel disputed Howarth’s claims of ongoing pain and never being able to return to work. The defense’s rheumatology expert testified about Howarth’s sprained hand and opined that Howarth only suffers from “cry for help” syndrome. In response, plaintiff’s counsel contended that the defense’s medical expert claimed to be a “world-renowned” expert on CRPS, but admitted on the stand to writing only one paper on the topic that critiqued the work of other researchers. Plaintiff’s counsel also contended that the defense’s medical expert admitted that the records and his exam showed that Howarth had a painful, swollen, hypersensitive and stiff hand.
COURT
Superior Court of Placer County, Placer, CA

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