Case details

Defense claimed no droplets on lobby floor after alleged fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
acupuncture, injury, rotator cuff, shoulder, tear
FACTS
On Feb. 12, 2015, plaintiff Omaia Abuershaid, 58, a homemaker, slipped and fell in the lobby of an L.A. Fitness gym located at 20801 Golden Springs Drive, in Diamond Bar. She claimed an injury of a shoulder. Abuershaid sued the operator of the gym, Fitness International, LLC. Abuershaid alleged that Fitness International failed to properly repair and/or maintain the lobby, creating a dangerous condition. Plaintiff’s counsel contended that Fitness International had actual knowledge of the dangerous condition for approximately 20 to 30 minutes before the incident, but that it failed to timely address the condition. Defense counsel argued that Fitness International’s manager had inspected the area within 10 minutes of the incident and that no such condition was identified., Abuershaid claimed she sustained a torn rotator cuff of her dominant shoulder. She sought acupuncture and chiropractic treatment on a lien basis for almost 1.5 years. She then underwent rotator cuff surgery after aggravating the injury while on vacation. While Abuershaid made a full recovery, she claimed she can no longer reach behind her back to fasten her bra or lift heavy objects overhead. However, ho further medical treatment was recommended. Plaintiff’s counsel asked the jury to award Abuershaid $500,000 in total damages, including $22,346.96 in stipulated past medical costs. The defense’s expert opined that Abuershaid’s rotator cuff tear was the result of a long-standing, degenerative condition that pre-dated the incident by a minimum of 1.5 years. The expert further opined that even if the accident had not occurred, Abuershaid would have required the same rotator cuff surgery and had the same results.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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