Case details

Defense disputed plaintiff’s version of apartment complex incident

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, brain, brain injury, cognition, dementia, depression, mental, psychological, traumatic brain injury
FACTS
On Jan. 12, 2015, plaintiff Karnita Underwood, 48, a caregiver, was attempting to gain entrance to her boyfriend’s apartment unit at an apartment complex in Los Angeles. However, she claimed that the property’s manager, Gregory Brown, attempted to prevent her from gaining access to the building and struck her on the head and stomach with a stick, causing . Underwood sued Brown and the owners of the apartment complex, Diedra M. Burr, as trustee of the revocable trust of Gloria Lee-Ford, and the estate of Gloria C. Lee-Ford. Underwood alleged that Brown’s actions constituted assault and battery and that Brown was negligent in his attempt to prevent her from entering the apartment complex. She also alleged that Burr and the estate were vicariously liable for Brown’s actions while in the course and scope of his employment with the apartment complex. The Lee-Ford’s estate was dismissed prior to trial. After dismissing all her intentional tort causes of action, the matter proceeded to trial against Brown and Burr on Underwood’s remaining cause of action of negligence. Underwood claimed that Brown attacked her as he attempted to prevent her from entering the apartment complex. At trial, Underwood produced photographs that she claimed were taken the day after the incident and appeared to depict her with significant bruising. Defense counsel noted that the subject incident occurred at approximately 4:40 a.m. on Jan. 12, 2015, and that prior to the incident, at approximately 4:20 a.m., Underwood created a disturbance at the apartment complex when she attempted to gain entrance to her boyfriend’s apartment unit while she was intoxicated. Counsel noted that Underwood’s actions resulted in three tenants, including Brown, calling 911, but that by the time the police had arrived, Underwood was gone. However, defense counsel contended that Underwood returned soon after the police left and again caused a disturbance. Brown claimed that he physically escorted Underwood off the property after she refused his instructions to leave, but that he did not harm Underwood or beat her, as Underwood alleged. Defense counsel noted that a tenant called 911 during the alleged incident between Underwood and Brow and that the tenant reported that a person was beating another person. However, counsel argued that although Underwood claimed that the tenant witnessed the beating, the tenant actually told 911 that she could not clearly see the altercation and was not sure what was happening. Defense counsel further argued that the tenant likely witnessed Underwood struggling with Brown as Brown was attempting to remove Underwood from the premises. In addition, counsel denied that the photographs presented by Underwood at trial were taken soon after the alleged incident, as Underwood claimed., Underwood claimed she sustained a traumatic brain injury. Following the incident, she brought herself to a Kaiser Permanente emergency room, where her primary complaint was pain to a pre-existing hernia. She was examined and released from the E.R. that same day. Two years later, Underwood presented to her primary care physician to obtain a referral for hernia surgery. In the same month she first treated with her primary care physician, Underwood met with her retained neurology expert, who opined that Underwood sustained a traumatic brain injury as a result of the alleged incident. Underwood’s expert neurologist opined that, as of May 2021, Underwood suffered from early onset dementia as a result of the sustained in the alleged incident. Underwood’s expert life care planner opined that Underwood’s lifelong treatment would cost nearly $7 million. However, at trial, Underwood’s counsel used the reduced pricing from the defense’s expert life care planner. Underwood sought recovery of damages in excess of $8.5 million at trial. Defense counsel denied that Underwood sustained any head injury during the incident. Counsel noted that Underwood’s primary complaint in the E.R. was pain from her pre-existing hernia and that the attending doctor at the E.R. found Underwood’s examination to be atraumatic for any head injury. Defense counsel also noted that Underwood never obtained treatment for any alleged that she claimed she sustained in the incident and that she never informed her primary care physician about the incident. In addition, counsel denied the photographs of Underwood’s alleged were taken soon after the incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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