Case details

Defense: Plaintiff used stopped escalator, despite knowing risk

SUMMARY

$270000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, trimalleolar fracture
FACTS
On Jan. 22, 2017, plaintiff Jacqueline Romano, an attorney in her 40s, was at a shopping center in Studio City with her mother and daughter. It was raining that day, and some of the escalators were stopped. Romano proceeded to walk down a stopped escalator when her left foot slipped and turned outward while her body went ahead of her. As a result, Romano claimed to her left ankle. Romano sued the operator of the shopping center, Laurel Center Group L.P. She alleged that the stopped escalator constituted a dangerous condition and that Laurel Center failed to warn of its condition. Plaintiff’s counsel contended that the stopped escalator was dangerous, especially on a rainy day, and that the stopped escalator should have been barricaded. Thus, counsel argued that Laurel Center was negligent for failing to block off the stopped escalator and warn about its dangerous condition. The plaintiff’s escalator expert opined that a stopped escalator should not be used as a staircase and that an escalator should be barricaded whenever there is any maintenance on it. Defense counsel contended that there was a fully functioning escalator in the shopping center that Romano could have used instead, if Romano was paying attention, and that there was a warning sign between the two escalators that warned that it was dangerous to use a stopped escalator as a staircase. Counsel also contended that Laurel Center warned of the danger and that Romano appreciated the danger herself, as she had warned her mother not to use the escalator and also told her daughter not to use it. Thus, defense counsel argued that Romano fully appreciated the risks, but chose to use the stopped escalator anyway., Romano sustained a trimalleolar fracture to her left ankle. She was immediately taken to a hospital and underwent open reduction and internal fixation surgery. Romano claimed that she now walks with a limp and can no longer wear high heels. She also claimed that she has ongoing pain in her left ankle and that she will need the hardware removed from the ankle at some point in the future. She further claimed that she will possibly require an ankle fusion in the future, as well. The defense’s expert orthopedic surgeon opined that Romano made a good recovery and that the surgery was performed well. He also opined that Romano had good range of motion in her left ankle and that Romano should have no future limitations. During jury deliberations, the parties established a $450,000/$100,000 high/low agreement. Per the agreement, if the jury found Romano even partially liable, Romano would recover the $100,000 minimum amount.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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