Case details
Defense denied plaintiff was struck by motorized cart
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
arm, back, bruise, disc protrusion, lumbar, shoulder, shoulder impingement
FACTS
On Jan. 17, 2015, plaintiff Osman Gonzalez, 50, was shopping at a Costco Wholesale store, in Los Feliz. As he was walking down one of the aisles, he was allegedly struck in the back by a woman in a motorized cart, which was provided by the store for the elderly and disabled. Gonzalez claimed the impact forced him to fall forward, his neck, back, and right arm and shoulder. Gonzalez sued Costco Wholesale Corp., claiming it was negligent for allowing people to use its carts without proper instruction. The plaintiff’s expert civil engineer opined that the store should have shown people how to use the carts before they were provided and that the instructions on the cart itself were not detailed enough on how to safely operate it. Defense counsel contended that there was no incident reports or surveillance footage, so there was no record of the incident occurring. Thus, defense counsel disputed the incident took place., Gonzalez claimed he sustained soft-tissue to his neck, a 4-millimeter lumbar protrusion at the L4-5 level, an impingement of his right shoulder, and bruising on his right arm. He subsequently went to an urgent care facility, where X-rays were taken. Gonzalez then underwent physical therapy three times a week for three months to treat his neck and back. He also underwent chiropractic treatment to treat his shoulder. Gonzalez claimed that his made it so that he could no longer pick up or play with his children, play baseball, or jog. He also claimed that he is now unable to socialize with his friends as much as he did before. Thus, Gonzalez sought recovery of medical costs and damages for his pain and suffering. Defense counsel argued that Gonzalez’s alleged were not causally related to the incident, which the defense disputed even occurred, and that Gonzalez’s his conditions were all degenerative.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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