Case details

Defense claimed handyman unsafely set up ladder

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, leg
FACTS
On April 6, 2015, Bill Grisham, 55, a plumber and handyman, was installing light fixtures and a dryer vent at the home of Maria Manson, in Carson. Grisham accessed the roof of the house by a ladder. As he descended the ladder, he fell approximately eight feet to the ground and sustained to his left leg. Grisham sued Manson. Grisham alleged that his fall was a result of a negligent act by Manson. Grisham claimed that Manson agreed to hold the ladder for him whenever he needed to descend it, but that when he called for her, she did not come out of the house. Defense counsel denied that Manson agreed to hold the ladder for Grisham, as she was 72 years old at the time and had hired Grisham to do the work. The defense’s ladder safety expert opined that instead of installing the ladder on a flat surface, such as that found around the corner of the garage, at the sidewalk, Grisham installed the ladder on a sloping surface, as the driveway sloped down toward the street, which made the ladder unstable. The expert also noted that there were instructions on the side of the ladder that said to place the ladder on a flat surface. The expert opined that Grisham was at fault for unsafely setting up the ladder and that, as a handyman for more than 15 years, Grisham should have known not to do so., Grisham sustained a distal tibia fracture near the ankle of his left leg. He was taken by ambulance to Harbor-UCLA Medical Center, in West Carson, were his leg was placed in a long splint. He later underwent physical therapy. In December 2016, Grisham underwent an MRI, which showed moderate osteoarthritis. As a result, he was offered surgery and was allegedly told that the surgery, instead of a fusion, might help. He ultimately underwent the left distal tibial chondroplasty on Feb. 15, 2017. Grisham also underwent physical therapy both before and after the surgery. Grisham was able to return to handyman work, but he claimed he has ongoing pain when he stands up or walks too far. No future follow-up care was recommended. Before the surgery, Grisham’s past medical costs, which were mostly paid by Medicaid, totaled $193,000. He sought recovery of past medical costs and $3,000 to $6,000 per month in lost earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the amount of Grisham’s alleged damages, noting that Grisham had no documents to prove his alleged loss of earnings.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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