Case details

Defense: Fall down stairwell due to tenant’s inattention

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, concussion, head, headaches
FACTS
On July 9, 2010, plaintiff Ryan Davis, an unemployed man in his 20s, slipped and fell down an exterior flight of stairs at Casa De Oro Apartments in Glendale, where he was a tenant. Davis claimed to his neck, back and right leg. Davis sued Exempt Bypass Trust, which was doing business as Casa De Oro Apartments. Davis alleged that the defendant was negligent in the repair and/or maintenance of the stairway, creating a dangerous condition. Davis claimed the building maintenance had power washed, or was in the process of power washing, the stairs, causing him to slip on wet stairs and fall. He also claimed that once he slipped, he could not grasp onto the handrail to balance himself because it was broken. Defense counsel contended that neither the condition of the handrail nor condition of the stairs caused or contributed to Davis’ fall. Instead, counsel contended that Davis slipped because he was wearing bedroom slippers and not watching where he was going., Davis was taken to a hospital by ambulance and discharged the same day. At the emergency room, he was diagnosed with soft-tissue and sprains/strains to his neck, back and right leg. He also suffered a concussion. Within one week, Davis presented to his treating chiropractor and underwent physical therapy for two to three months. He also underwent two to three injections for his pain. In addition, Davis saw a neurologist for his continuing headaches and was diagnosed with post-concussion syndrome. Davis claimed that he continues to suffer aches and pains, and difficulty walking as a result of his leg and spine . He also claimed that he continues to have difficulty thinking due to his post-concussion syndrome. Thus, Davis sought recovery for his past and future medical expenses, and past and future pain and suffering, His wife, Jennifer Davis, sought recovery for her loss of consortium. Defense counsel contended that Mr. Davis did sustain mild soft-tissue , but argued that the would have resolved, or did resolve, a few weeks after the incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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