Case details

Defense: No proof how and where plaintiff tripped and fell

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, knee, left knee, posterior cruciate ligament, tear
FACTS
At around 8:30 p.m. on Dec. 19, 2012, plaintiff Doris Long, 45, a security guard, tripped and fell over a concrete dumpster pad, which spanned over the boundaries of two properties on Appleblossom Drive, in Bakersfield. One of the properties belonged to Barbara Colvin and the other belonged to Rose and Steve Stanton. Long claimed to her left knee. Long sued Barbara Colvin, Rose Stanton, Steve Stanton, and the city of Bakersfield. Long alleged that the defendants failed to properly maintain the location of the accident, creating a dangerous condition. The city and the Stantons ultimately settled out of the case prior to the trial. Thus, the matter proceeded to trial against Colvin only. Long claimed that she tripped over the portion of the concrete dumpster pad that was located on Colvin’s property. Plaintiff’s counsel contended that the alleyway where the dumpster pad was located did not have lighting, so the dumpster pad was not visible at night. Counsel also contended that the concrete dumpster pad was 1.5 inches high from the ground and had multiple cracks, creating a tripping hazard which Colvin failed to warn about. Colvin’s counsel argued that while Colvin’s property did not have lighting in the alley where the pad was located, there was sufficient lighting from other sources, making the concrete pad open and obvious at night. Counsel also argued that the concrete dumpster pad was not dangerous and that the height and cracks of the dumpster pad were trivial defects. Counsel further argued that Long was not watching where she was going, tripped and fell on her own, and was the sole cause of her . In addition, Colvin’s counsel argued that Long did not have any proof, except for her own testimony, that she actually tripped on Colvin’s side of the slab and that, therefore, Long could have tripped on the Stantons’ property. Colvin’s counsel made a motion in limine to keep out night time photos of the subject alley, arguing that the photos did not accurately depict the scene of the accident and were a lot darker than the actual scene. The court agreed and granted the motion, so it did not allow any night time photos to be presented at the trial., Long sustained anterior and posterior cruciate ligament tears in her left knee. She was subsequently transported by paramedics to an emergency room. Long ultimately underwent complex reconstruction surgery on July 24, 2013. Long claimed that the ACL/PCL surgery was not successful and caused a traumatic onset of arthritis in her left knee. She alleged that as a result, she now needs two total knee replacement surgeries to the left knee over her lifetime. Thus, Long sought recovery of $61,000 in past medical costs, $90,000 in past wage loss, $240,000 in future medical expenses, and $500,000 in future wage loss. She also sought recovery of $500,000 in damages for her past pain and suffering, and an unspecified amount of damages for her future pain and suffering. Defense counsel agreed that Long sustained the ACL and PCL tears and that Long required complex reconstruction surgery. However, counsel argued that Long was at fault for her own and that Long’s reconstruction surgery was successful. Thus, counsel disputed that Long would need two total knee replacement surgeries.
COURT
Superior Court of Kern County, Kern, CA

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