Case details

Defense: Hospital visitor suffered no injury in slip and fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, knee, knee contusion, neurological, radiculopathy
FACTS
On May 9, 2016, plaintiff Jonathan Carrillo, 37, a repairman and technician, was visiting the campus of San Antonio Regional Hospital, in Upland, when he slipped and fell. He claimed to his back and a knee. Carrillo sued San Antonio Regional Hospital, alleging the hospital failed to adequately maintain and inspect the area, creating a dangerous condition. Carrillo claimed he slipped on what he described as a basketball-sized spill of cola in the main hospital corridor. He alleged the hospital was negligent for failing to make reasonable inspections for dangerous conditions, including spills, and for failing to timely clean up the spill. Defense counsel argued that routine inspections are not effective in discovering dangerous conditions, such as spills by visitors, and that, rather, all employees were trained to be observant at all times. Counsel also argued that a security video captured the slip and fall and that it did not appear to be serious., Carrillo claimed he suffered a contusion of the right knee and a herniated lumbar disc at the L5-S1 level with radiculopathy. He was evaluated and treated in San Antonio Regional Hospital’s Emergency Department. He was diagnosed with a knee contusion and given crutches. His treatment included physical therapy, epidural injections, and lumbar decompression surgery. Carrillo’s job put him on permanent, modified duty. He claimed he will require future treatment, such as an interbody fusion at the L5-S1 level. Carrillo sought recovery of approximately $100,000 for past medical expenses, $250,000 for future medical expenses, approximately $73,000 for past loss of income, and $9,000 in per year in loss of future income for the rest of his work life expectancy. He also sought recovery of damages for his past and future pain and suffering. (Plaintiff’s counsel did not state a specific amount for general damages, and left it up to the discretion of the jury.) Defense counsel showed the jury a sub rosa surveillance video that allegedly undermined Carrillo’s injury claims. Counsel argued that Carrillo was not injured in the slip and fall and that Carrillo did not suffer a herniated disc since MRI imaging of the back disclosed no herniation. Defense counsel contended that the decompression surgery was never performed, as two evaluating orthopedic surgeons could not find a surgical scar. Counsel also contended that the anesthesiology record documented only a 13-minute procedure time and no blood loss, and that there was no pathology from the surgery. Counsel further contended that a post-operative MRI showed no evidence of surgery on the disc. As such, defense counsel disputed all medical bills generated by providers and a surgery center that had liens against recovery in the case.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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