Case details
Defense disputed cause of plaintiff’s fall at RV resort
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fracture, right ankle, trimalleolar
FACTS
On Sept. 1, 2013, plaintiff Michelle Starkey, a lead business analyst in her 40s, was staying with her parents at La Pacifica RV Resort, in San Ysidro. As she was descending the steps of a recreational vehicle, which was hitched at the resort, she tripped and fell. Starkey sustained to her right ankle. Starkey sued La Pacifica RV Resort. Starkey claimed that after stepping from the bottom step of her parent’s RV, her right foot made contact with a portion of uneven concrete. She claimed that as she attempted to turn right, her right foot became wedged against a portion of uneven concrete, causing her right injure her ankle. Thus, Starkey contended that the height differential between the two surfaces constituted a dangerous condition and that La Pacifica RV Resort’s failure to warn of the condition caused her to trip and fall. Defense counsel disputed Starkey’s version of the event, arguing that Starkey simply fell as a result of either missing or slipping off of the exterior step of the RV and that she did not fall as a result of uneven concrete. Counsel further contended that both the ambulance report and the emergency room doctor’s notes indicated that Starkey missed or slipped off the last step. The defense’s biomechanics expert opined that, based on the Starkey sustained, the incident could not have occurred the way Starkey described. Specifically, the expert opined that there could not have been enough force from Starkey’s turn to cause the ankle fracture, whereas, the fracture would have occurred if Starkey missed a step and fell, as that would have resulted in more force., Starkey sustained a trimalleolar fracture of her right ankle. She was subsequently taken to an emergency room, where her ankle was placed in a splint and cast. A week later, Starkey returned to Orange County and underwent an internal fixation surgery, whereas hardware was placed in her ankle. Starkey still has the hardware in her ankle, but she claimed that she continues to have limitations as a result of her injury, including a decreased range of motion in her ankle and problems with her gait. Thus, Starkey sought recovery of $348,001 for past medical costs, and past and future pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA
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