Case details

Defense: Sink accident couldn’t have occurred as alleged

SUMMARY

$90000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, disfigurement, nerve, neurological, scar
FACTS
On the evening of Nov. 14, 2009, plaintiff Jacqueline Juarez, 21, a nursing assistant, went with her friends to Aladdin Grill & Cafe in Long Beach. She claimed that when she went to the bathroom, she slipped on a puddle emanating from an overflowing toilet and grabbed onto a wall-mounted sink to prevent from falling, but that the sink broke off from the wall and caused a laceration to her inner right forearm. Juarez sued Aladdin Grill Cafe Inc., which was doing business as Aladdin Grill & Cafe. She alleged that the defendant negligently maintained its premises in regards to the slipping hazard. She also alleged that the sink in question was defectively installed, in violation of the building code. Juarez claimed that Aladdin Grill failed to properly maintain its premises, due to an overflowing toilet that should have been fixed. She also claimed that the sink was not installed properly since, according to the building code, it was meant to withstand 200 pounds and she only weighed roughly 130 pounds. Thus, Juarez contended that the puddle emanating from the toilet contributed to the accident, which was compounded by the defective wall-mounted sink. The defense’s injury biomechanics expert testified that Juarez’s account of how she got hurt did not comport with the physical evidence of the sink and the layout of the bathroom. Moreover, defense counsel argued that the building code cited by the plaintiff, California Building Code § 1607.7.2, had nothing to do with sinks, but instead was for grab bars, shower seats and dressing room bench seats., Juarez was taken from the scene of the accident by a friend and brought to an emergency room. She sustained a laceration to her inner, dominant volar forearm, which was debrided and sutured. Juarez claimed in the year that followed, she experienced pain and numbness in her fingers. She was subsequently diagnosed with radial sensory nerve damage, and underwent exploration of the forearm laceration, a scar revision and external neurolysis for neuroma-in-continuity. After the last round of surgery, Juarez claimed that her pain had subsided, but that she still experiences some residual numbness and loss of sensation in her fingers. She also claimed that while it has faded, she is now left with a three to four inch scar on her left forearm. Juarez alleged that she missed some work as a result of her injury and treatment, and that the lack of sensation in her fingers has caused her to burn them on occasion when touching hot items. Thus, she claimed $32,849 in past medical costs, and sought recovery of additional damages, including recover for her lost income and pain and suffering. Defense counsel argued that, according to its technical expert, Juarez’s injury could not have happened the way she alleged due to the mechanics of the accident. Thus, counsel asserted that Juarez’s injury could not have been caused by the incident. The defense’s medical expert opined that any numbness alleged by Juarez would resolve itself. In addition, defense counsel denied that Juarez suffered any loss of income.
COURT
Superior Court of Los Angeles County, San Pedro, CA

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