Case details

Defense: Nonslip stairs could not have caused alleged fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
neurological, radicular pain, radiculitis
FACTS
On March 3, 2009, plaintiff Melba Smith, 56, a certified nursing assistant, was walking down a covered stairwell in her apartment building, located at 13634 Doty Avenue in Hawthorne. As she was going from the first floor to the garage/ground floor, Smith slipped and fell down the entire flight of stairs to the ground floor, allegedly sustaining multiple bodily . Smith sued the owner/manager of the apartment building, Jamison Management Co. Smith alleged that the defendant failed to properly maintain the stairway, creating a dangerous condition, and that the defendant failed to warn of this condition. Smith, acting in pro per, alleged that she slipped on a wet substance on the stairs, causing her to fall down the flight of stairs. She claimed that on the date of her accident, the building was being cleaned, but Jamison Management left the subject staircase in a wet and slippery condition. She further claimed the defendant failed to post any warning signs in the area to alert residents of the slipping hazard. Jamison Management disputed Smith’s claims, contending that there were warning signs in the area of the stairwell on the date of loss. In addition, the defense’s accident reconstruction expert testified the subject staircase was nonslip, even when wet, and could not have caused a slip-and-fall as described by Jamison., Smith was taken from the scene of the accident by ambulance and brought to an emergency room, where she was treated for lower back pain and released. She later complained of pain to her neck, tailbone and left shoulder, as well as headaches. Smith subsequently followed up with X-rays and several doctor visits, including four treatments with physical therapy. She also treated with a chiropractor from March 2009 to June 2009. On Aug. 22, 2011, Smith underwent arthroscopic surgery on her left shoulder. She also treated her lower back pain with epidural injections. Smith claimed she still experiences neck and lower back pain, radiating into her arms and legs. She claimed that as a result, she will require further epidural injections and a possible lower back surgery. Smith also claimed she returned to work for a brief stint in May 2009, but could not continue after re- herself at work, claiming the injury was related to the subject accident. She further claimed she can no longer exercise, walk long distances or do other physical activities. Thus, Smith sought recovery of $98,000 in stipulated past medical costs; $451,000 in total lost earnings, including retirement/pension benefits; and an unspecified amount of damages for future medical costs and pain and suffering. Defense counsel argued that Smith did not sustain any serious injury from the subject accident and that any injury alleged was soft-tissue in nature. Counsel contended that Smith had a longstanding history of orthopedic from prior motor vehicle accidents, for which Smith had prior workers’ compensation claims. Defense counsel also argued that Smith declared that she could not work as a nursing assistant well before the subject accident as a result of said pre-existing .
COURT
Superior Court of Los Angeles County, Torrance, CA

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