Case details

Defense denied pregnant woman fell in store

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
lower back, pelvis
FACTS
On May 12, 2014, plaintiff Alina Shahbazian, 30, a dental assistant who was eight months pregnant, was shopping at a Golden Farms Market, in Glendale, when she allegedly slipped and fell. Shahbazian claimed to her pelvis and lower back. Shahbazian sued the operator of the store, Golden Farms Market Plaza Inc. She alleged that Golden Farms failed to properly maintain the premises, creating a dangerous condition. Shahbazian claimed that she slipped and fell on spilled aloe vera water. She alleged that the employees knew about the spill, but failed to timely clean it up or sweep the area. Specifically, Shahbazian claimed that after her fall, she overheard an employee yelling at another employee, “Why didn’t you clean that up?” Defense counsel disputed Shahbazian’s alleged slipped and fell. Counsel contended that no one saw Shahbazian on the floor and that Shahbazian had a receipt for purchases she made, which was time-stamped 13 minutes after the alleged fall. An employee of Golden Farms Market testified that she was guarding a spill when she had to turn Shahbazian away from the aisle. Specifically, she claimed that she told Shahbazian to go around because there was a spill. The employee further testified that Shahbazian became upset and shouted at her. Defense counsel noted that Shahbazian would have had to have fallen after that incident. However, another employee of Golden Farms Market, a sweeper, testified that he did not have an argument with his supervisor and that no one fell on the floor that day. He further claimed that he used cones around the spill and did everything he could to timely and properly clean it up., Shahbazian claimed that she suffered a sacral fracture of her pelvis in the fall. She also claimed that as a result of the fracture, she had to undergo a Cesarean section, rather than a natural birth. Following the alleged fall, Shahbazian purchased her items and then asked to fill out a report. She then went outside while on her cellphone, and when she came back inside, she asked that 911 be called. She was then taken by ambulance to an emergency room, where only one view was used on the X-ray because Shahbazian was pregnant. As a result, the radiologist covering the E.R. claimed that it was possible that there was a hairline fracture at the pelvis. Shahbazian claimed that she was unable to assume the birthing position due to the sacral fracture, so a C-section was performed to deliver her baby a month after the incident, rather than having a natural birth, which she preferred and which she had for her two other children. However, the baby was fine. Shahbazian made $1,400 per month as a dental assistant and she was ultimately able to go back to work. However, due to her pregnancy, there was a question as to when Shahbazian would have taken her maternity leave. Shahbazian claimed that she had to be off of work for a while and that she was not paid on her leave. She also claimed that she still has ongoing lower back pain and that she will require future medical care over the next two years. The plaintiff’s orthopedic surgery expert testified that Shahbazian had a fracture to her sacrum and that the facet loading tests were also positive. The expert also opined that, based on subjective complaints, Shahbazian had facet arthropathy, which is a disease or abnormality of the facet joints. The expert subsequently recommended that Shahbazian undergo injections under fluoroscopy. The plaintiff’s OB-GYN expert opined that Shahbazian had to undergo a C-section due to the fracture. The expert also opined that Shahbazian will require injections to treat her lower back. Thus, the OB-GYN expert opined that that Shahbazian would have future medical costs, aside from the costs of the C-section. Defense counsel disputed Shahbazian’s alleged injury and reason for her missed time from work. Counsel contended that Shahbazian actually went out on maternity leave on June 6, 2014, and that she had no firm plan to return to work. The defense’s orthopedic surgery expert opined that there was no fracture, that there never was a fracture on the emergency room X-ray or on the subsequent MRI. The expert also testified that he consulted with a musculoskeletal radiologist to come to that conclusion. In addition, the expert testified that since Shahbazian required no treatment for the fracture, then there must not have been a problem.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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