Case details
Defense claimed plaintiff’s inattention caused slip and fall
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
ankle, distal fibula, fracture, leg
FACTS
At around 8:30 p.m. on Oct. 8, 2014, plaintiff Arturo Placencia, 49, a real estate agent, was helping his friend move out from one of the apartments at Brookside Apartments, in La Palma. As he was carrying a twin-size mattress over his head, Placencia slipped on the sidewalk, causing his right foot to fold back. He subsequently fell and landed on his right leg and butt, allegedly sustaining to his right calf and ankle. Placencia sued Brookside Apartments; the property manager, Jamboree Management Co.; and the co-owners of the property, Huntington-Humboldt Limited Partnership and Casa La Veta Homeowners Association. Placencia alleged the defendants failed to properly maintain the sidewalk, creating a dangerous condition. Placencia claimed that the concrete was wet in the area of his fall, as water had allegedly collected on the sidewalk. Thus, he claimed that the defendants failed to maintain the premises in a safe condition and failed to keep the sidewalk free from collecting water. Defense counsel argued that Placencia failed to exercise ordinary care while walking on the sidewalk and that Placencia was inattentive and not looking in front of him while walking. Counsel contended that the defendants did not know, or should not have known, that water collected at the scene of the incident and that even if the defendants had known, the collection of water did not constitute a dangerous condition that would have caused Placencia to slip and fall., Placencia sustained an acute fracture and dislocation of the right, distal fibula. He was subsequently taken to La Palma Intercommunity Hospital, in La Palma. Three days later, he underwent surgery, consisting of an open reduction and internal fixation, in Mexico. He then underwent three months of physical therapy, from March 2015 to June 2015, at Enos Chiropractic Clinic, in Santa Fe Springs, Calif. Placencia claimed that he suffers from residual pain, stiffness, numbness, and tingling in right foot. He alleged that as a result, he can no longer run on the treadmill, play drums, or go hiking. Thus, Placencia sought recovery of past medical costs, and damages for his past and future pain and suffering. Defense counsel disputed the reasonableness and necessity of the amount of monetary damages Placencia alleged as a result from the fall.
COURT
Superior Court of Orange County, Santa Ana, CA
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