Case details

Defense: Injuries continued to evolve months after accident

SUMMARY

$22834

Amount

Decision-Mixed

Result type

Not present

Ruling
KEYWORDS
arm, back, brain, brain injury, bulging disc, cervical, disfigurement, head, neck, neurological, radicular pain, radiculitis, scar, traumatic brain injury
FACTS
On March 17, 2015, plaintiff Quante Adger, a college senior, was waiting in an auditorium for a presentation panel to begin for a class he was enrolled in at Loyola Marymount University, in Los Angeles. LA36, a local television station in Los Angeles, had a FloLight — a portable photography/video light that weighs less than one pound — installed in the university’s auditorium for the presentation. However, while Adger was waiting in the auditorium, the light fell and ultimately landed on the seat next to Adger. Adger claimed to his head, neck and right arm. Adger sued the owner of the auditorium, Loyola Marymount University, alleging that it was negligent in the maintenance of the auditorium, creating a dangerous condition. Loyola Marymount University brought a third-party claim against the installer of the portable light, Los Angeles Cable Television Access Corp., the operator of LA36. The university sought indemnification, alleging that Los Angeles Cable Television Access Corp. was negligent in the installation of the light, creating a dangerous condition. Los Angeles Cable Television Access Corp. was ultimately added as a direct defendant in Adger’s action. Adger’s counsel argued that the university was responsible for the premises and that it failed to keep Adger safe. Counsel also argued that Los Angeles Cable Television Access Corp. improperly installed the portable light, causing it to fall on Adger. Adger claimed that the portable light struck the bill of his baseball cap and his right arm, him. The university and the television station each denied liability, claiming that they were not negligent. They also claimed that the portable light did not strike Adger., Adger claimed that he sustained bulging cervical discs, resulting in radicular pain in his back and right shoulder. He also claimed he sustained a burn to his right arm and a traumatic brain injury as a result of the falling light. The following afternoon, Adger presented to the university’s student clinic, where he complained of bruises to his right arm, but denied any neck or head injury. He underwent an X-ray, and it was negative for fractures. As a result, it was recommended that Adger take Advil and rest. One week later, Adger returned to the student clinic for a follow up. He complained of neck and shoulder problems, which he claimed were related to the incident. Three weeks later, he complained of a burn injury to his right arm as a result of the incident. Additionally, Adger saw his treating orthopedic surgeon and underwent a CT scan five months later, which Adger claimed showed bulging cervical discs. He subsequently received pain therapy. In February 2018, 11 months after the subject accident, Adger was involved in a motor vehicle accident. However, he claimed his ongoing pain in his right arm, right shoulder, and cervical, thoracic and lumbar spine were still a result of the he sustained as a result of the light falling on him. He also claimed that the burn on his right arm resulted in scarring. In 2020, Adger claimed that he developed a traumatic brain injury as a result of the subject incident involving the falling light. Adger claimed that he will require future pain management for his neck and that his burn would require scar revision surgery. Although he claimed he suffered from a TBI, his expert could not testify about that alleged injury. Plaintiff’s counsel asked the court to award Adger $485,000 in total damages. Defense counsel for the university noted that Adger and other students were asked if they were okay after the light fell and that everyone there, including Adger, said they were fine or did not protest, which was also confirmed by three witnesses. Counsel contended that although Adger claimed that he sustained second-degree burns to his right arm, which should have manifested in minutes after the accident, Adger did not claim the injury until three weeks after the subject accident. Counsel also contended that Adger sat through the entire presentation and acted normally, as seen in a video of the presentation, which included Adger in a shot filmed from the back. Additionally, defense counsel noted that Adger claimed that he was knocked unconscious by the portable light, but the video showed that Adger was not dazed and remained seated in his seat. The defense’s expert orthopedic surgeon opined that Adger’s cervical were not traumatically induced and were, at most, a cervical sprain, which would not have resolved without any treatment. Thus, counsel argued that if Adger had undergone physical therapy, his neck pain would have resolved in eight weeks.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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