Case details
Defense: Failure to wear knee brace caused injury during fall
SUMMARY
$175000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
fracture, leg, tibia
FACTS
On Jan. 29, 2011, plaintiff Rebecca Anderson, an unemployed 30 year old, entered a Jack in the Box restaurant on crutches after the restaurant had just completed mopping the floor. Prior to entering the restaurant, Anderson had undergone a right knee patellofemoral arthroplasty with associated tibial tubercle osteotomy on Jan. 10, 2011. She was subsequently prescribed an Össur knee brace by her surgeon. However, when Anderson entered the restaurant on Jan. 29, 2011, she was not wearing the knee brace. As a result, when Anderson was ambulating toward the drink station, her right crutch slipped out from under her and she fell, causing her surgical sutures to burst. She also incurred an open fracture at the prior surgical site, resulting in exposure of her arthroplasty. Anderson sued Jack in the Box Inc. She alleged the company was negligent for failing to warn of the wet floor, creating a dangerous condition. Anderson claimed that there were no “wet floor” warning signs posted when she walked into the restaurant and that a witness only saw a warning sign placed after the accident had occurred. The plaintiff’s floor safety expert testified that it is generally considered in the industry that a walkway surface with a coefficient of friction higher than 0.5 is non-hazardous. However, the expert testified that the restaurant’s floor had a coefficient of friction of 0.28, as measured two years after the accident. In addition, Anderson claimed that the restaurant’s counter camera should have caught the fall, but that Jack in the Box intentionally destroyed the video after being put on notice to preserve all recordings. Defense counsel claimed that Jack in the Box’s floor was not unsafe and that Anderson’s were caused by her failure to wear the knee brace. The restaurant manager testified that the “wet floor” warning signs were posted by the entry doors, where Anderson entered the restaurant, and that the restaurant’s video system did not record the incident. The manager further testified that the digital recording system was brand new and not operating properly, and he denied that the video recording had been intentionally or negligently destroyed., Anderson’s surgical sutures burst and she incurred an open fracture of the right tibia tuberosity at the prior osteotomy site, resulting in an exposure of her patellofemoral arthroplasty. As a result, she had to undergo another patellofemoral arthroplasty with associated tibial tubercle osteotomy on her right knee to correct the problems caused by the fall. Anderson claimed $48,000 in past medical expenses and $400,000 in future medical expenses. She also sought recovery of damages for her past and future pain and suffering as a result of the incident. Thus, plaintiff’s counsel asked the jury to award Anderson $1.4 million in total damages. Defense counsel contended that Anderson’s were caused solely by her failure to wear the knee brace. The defense’s orthopedic surgery expert testified that had Anderson been wearing the knee brace, it would have prevented the knee from flexing and causing the injury.
COURT
Superior Court of Riverside County, Riverside, CA
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