Case details
Defense claimed plaintiff’s inattention caused fall
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
ankle, fracture
FACTS
On the evening of Oct. 20, 2010, plaintiff Lorena Barron, 40s, a court reporter, was a guest at the home of Victor and Cynthia Renteria. Mrs. Renteria was hosting a Melaleuca party and invited several guests to attend. At approximately 7 p.m., while leaving the home, Barron fell while walking out of the door onto the porch. She claimed she thought the porch was level and misjudged the 4-inch porch step, causing her to fracture her left ankle. Barron sued Victor and Cynthia Renteria. Barron alleged that the defendants negligently maintained the porch, creating a dangerous condition, and that the defendants had notice of this condition. Barron claimed that the Renterias’ front porch had insufficient lighting, causing her to misstep and fall while walking out onto the front porch. She also claimed the homeowners knew about the issue since similar incidents had previously occurred. Specifically, Barron alleged that Mrs. Renteria told her that she was the third person to have tripped on the step. Defense counsel contended that the lighting on the porch was sufficient and that it did not pose a dangerous condition. Counsel also contended that there were no prior incidents on the porch and that Barron was simply inattentive while descending the stairs, causing her to fall., Barron suffered a severe fracture of her left ankle. She was subsequently taken by a friend to an emergency room, where she underwent open reduction and internal fixation approximately 10 days later. Barron claimed she still experiences residual discomfort, stiffness, and swelling in her left ankle. The plaintiff’s expert orthopedic surgeon opined that Barron requires additional surgery to remove the hardware, as well as a possible fusion surgery. Thus, Barron sought $86,917 in past medical costs, $50,000 to $100,000 in future medical costs, and $750,000 for her pain and suffering. Defense counsel did not dispute Barron’s past medical costs, but argued that Barron’s future surgical costs should be limited to $50,000.
COURT
Superior Court of San Diego County, San Diego, 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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