Case details

Defense disputed plaintiff’s fall and alleged neck injury

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cervical, fusion, herniated disc, neck, neck injury, struck head
FACTS
On Nov. 11, 2011, plaintiff Tanya Ryans, an unemployed 33 year old, was a tenant in a rental unit on the first floor of a two-story building in San Diego. She claimed that a leak from the unit upstairs caused part of the ceiling in her daughter’s bedroom to collapse and strike her on the head, which, in turn, caused her to fall backward and strike her head on a window sill. Ryans sued the property owner, Daison LLC & LB Three LLC (which was initially erroneously sued separately as “Daison LLC” and “LB Three LLC”), and the property management company, Payless Property Management (which was initially erroneously sued as “Payless Realty Property Management”). Ryans alleged the defendants failed to properly repair and maintain the ceiling, creating a dangerous condition. Ryans claimed she previous complained about the subject ceiling from the time she moved in, about a year prior, in 2010. She claimed that she had complained of buckling and discoloration, but that the defendants failed to repair the ceiling. Ryans alleged that as a result, on Nov. 11, 2011, she noticed the leak above her daughter’s bunk bed and attempted to place a pan under the bunk bed. However, she claimed that as she climbed the bunk bed to feel the ceiling, part of the ceiling collapsed and struck her on the head, causing her to fall backward and strike her head on a window sill. Defense counsel contended that there were no records of Ryans’ alleged complaints and that, therefore, there was no prior notice of the alleged condition. Counsel also noted that Ryans was habitually late in paying rent and that the incident occurred on the date her rent was due. In addition, counsel noted that Ryans never paid rent again and an unlawful detainer action was launched against her, but that Ryans ultimately moved out in February 2012, after the unlawful detainer was filed. The defense’s biomechanics expert did a reconstruction of the accident and opined that Ryans’ testimony of the alleged incident was inconsistent with the physical layout of the bedroom, such that it would have been improbable for her to strike her head on an area where there was no windowsill near where Ryans was allegedly standing., Ryans claimed she sustained a disc herniation at the C5-6 level. She called 911 after the alleged incident, and paramedics arrived. She was then taken to a hospital, checked out, and released. One year later, in 2012, she saw a physician that was recommended by her counsel. Ryans ultimately underwent a cervical fusion in 2013. Ryans claimed her injury has resolved. Thus, plaintiff’s counsel asked the jury to award Ryans between $300,000 and $350,000, including $79,000 in past medical bills and an unspecified amount of damages for Ryans’ past pain and suffering. Defense counsel noted that there was inconsistency with Ryans’ testimony, as the paramedics testified that they arrived at 7 p.m. and that Ryans allegedly told them that the incident occurred an hour before, at 6 p.m., but that Ryans testified that the accident occurred at 8 a.m. and that she called the ambulance shortly thereafter. In addition, defense counsel noted that Ryans denied having any prior accidents or neck , but that her hospital records showed that she had a prior automobile accident and resultant neck injury three years before the subject accident.
COURT
Superior Court of San Diego County, San Diego, CA

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