Case details

Defense claimed plaintiff’s slick leather shoes caused fall

SUMMARY

$10000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, injury, right wrist
FACTS
On Feb. 19, 2013, plaintiff Matthew Schmidt, 34, a director of revenue and product marketing at DirectTV, was at Westfield Century City, a mall located in Los Angeles, when he slipped in an outside area. He subsequently fractured his right wrist. Schmidt sued Westfield LLC, Westfield America Inc., Westfield America Limited Partnership, Westfield Centers LLC, and Westfield Property Management LLC. Century City Mall, LLC, and Merchants Building Maintenance, LLC, were later added to the suit as defendants. Schmidt alleged that the defendants were negligent in the maintenance of the subject outside area of the mall, creating an unreasonable dangerous condition. Several of the defendants were dismissed from the case, and the matter only continued against Westfield LLC and Merchants Building Maintenance, LLC. Schmidt alleged that that it was raining on the evening of the accident and that the outdoor surfaces were unreasonably slippery and dangerous when wet. He claimed no signs were posted and no mats were used. He also claimed that the tiles needed to be replaced with something that provided more grip. Thus, Schmidt alleged the unreasonably dangerous condition of the outside area caused him to slip and fall. Defense counsel contended that photos of the scene showed that two wet floor signs were placed in the area of Schmidt’s fall. Counsel also contended that the walkway was visibly wet and that Schmidt had new slick leather dress shoes on, which were not suitable for walking in rain. Defense counsel noted that while Schmidt slipped, his friend, who was with Schmidt at the time, had no problems., Schmidt sustained a fracture of his right wrist. He was subsequently taken to a hospital, where he initially underwent a closed reduction procedure. However, an X-ray showed that the fracture was angled. As a result, on Feb. 26, 2013, Schmidt underwent a surgery, during which a plate and screws were placed. He then followed up with some physical therapy. Schmidt had $55,000 in medical costs, which were reduced to $17,500, per Howell. He also claimed that he will need $25,000 in future medical treatment, which includes laser treatment to address his scar. Defense counsel noted that Schmidt competed in a United States national swimming competition after the accident and placed first. Thus, counsel contended that Schmidt had recovered from his injury.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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