Case details
Defense denied plaintiff’s fall was due to water from fountain
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fainted, fracture, knee injury, ofpatella
FACTS
On July 22, 2011, plaintiff Gregoria Martinez, a house cleaner in her 50s, was a patient in the emergency room at Northridge Hospital Medical Center, in Northridge, when she slipped and fell. Martinez dropped down to her knees during the fall and injured one of them. Martinez sued Northridge Hospital Medical Center. Martinez claimed she slipped and fell on some water that had accumulated on the floor from a defective water fountain in the emergency department. She claimed that as a result, she dropped down to her knees during the fall. Plaintiff’s counsel argued that Northridge Hospital Medical Center failed to properly repair and/or maintain the defective water fountain, creating a dangerous condition. Counsel also argued that the hospital failed to warn of the dangerous condition. Defense counsel contended that there was no defect with the water fountain, as Martinez claimed, and that several witnesses testified that there was no water on the ground. Thus, defense counsel argued that Martinez was in pain and that Martinez either almost fainted or dropped down to her knees because of the pain., Martinez sustained a fracture of a patella. She subsequently underwent surgery a few months later. Martinez claimed she now has limitations with her knee’s range of motion and that she cannot work full-time anymore, but can only work in a limited capacity. She also claimed that she is always in pain and that she has a permanent limp. Thus, plaintiff’s counsel asked the jury to award Martinez $900,000 in total damages. Defense counsel acknowledged the knee fracture, but disputed Martinez’s alleged residual . Instead, defense counsel contended that Martinez is fine and was malingering.
COURT
Superior Court of Los Angeles County, Los Angeles, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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