Case details

Defense denied shoulder injury was related to plaintiff’s fall

SUMMARY

$130800

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
left wrist, shoulder
FACTS
On Jan. 4, 2014, plaintiff Ana Rodriguez, a shipyard worker in her 50s, slipped and fell inside an El Pollo Loco restaurant in Chula Vista. She alleged to her left wrist and shoulder. Rodriguez sued the operators of the restaurant, El Pollo Loco Inc. and BAS Food Service Inc. Rodriguez alleged the defendants failed to warn of a dangerous condition. Specifically, she claimed that there were no warning signs out, which ultimately resulted in her slip and fall. The defendants stipulated to liability., Rodriguez sustained a fracture to her left, dominant wrist. She was subsequently taken by ambulance to a hospital, where she was treated and released. A few months later, Rodriguez underwent a surgery in which hardware was placed. At the end of the year, she was diagnosed with a full-thickness rotator cuff tear to her left shoulder. As a result, she underwent a rotator cuff repair in December 2014. Rodriguez claimed that all of her and surgeries were related to her fall in the restaurant. Rodriguez claimed that her she can no longer lift her arm above her head and that she has other range-of-motion issues, as well. She also claimed she missed two months of work, but was ultimately able to return thereafter. The plaintiff’s orthopedic surgery expert opined that everything was related to Rodriguez’s fall. He admitted that Rodriguez had prior shoulder problems, but opined that the subject fall made Rodriguez’s shoulder worse. Defense counsel argued that Rodriguez’s shoulder problems and surgery were not related to the incident. Counsel contended that Rodriguez had a long history of left shoulder problems, even before the subject fall, and that Rodriguez’s prior issues included a previous diagnosis of a full-thickness rotator cuff tear. The defense’s orthopedic surgery expert opined that Rodriguez did not have any initial complaints about her shoulder and that due to her prior problems, Rodriguez would have required the shoulder surgery anyway.
COURT
Superior Court of San Diego County, San Diego, CA

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