Case details

Defense: Woman fell in parking lot due to unrelated reasons





Result type

Not present

fracture, wrist
On Sept. 26, 2011, plaintiff Emelita Agueda, a retired 67 year old, was part of an excursion operated by H&C Paradise Tours Inc. The excursion bus stopped at a parking lot on Lakewood Boulevard in Artesia, where passengers were to exit the bus and enter a van that would take them to Valley View Casino. While walking from the bus to the restroom, Agueda fell forward and to her right, causing a fracture of her right, dominant wrist. Agueda sued H&C Paradise Tours Inc.; its owner, Linna Huie Hom; and the driver of the excursion van, Kim Yong. Agueda alleged that Yong was negligent in the operation of the van and that H&C Paradise Tours and Hom were vicariously liable for Yong’s actions. Hom was ultimately dismissed from the case. Agueda claimed that as she was walking from the bus to the restroom, the excursion van operated by Yong approached her, but stopped short of striking her. She claimed that the van frightened her, causing her to fall. Agueda’s friend, who was walking with her, corroborated Agueda’s account of the incident. Defense counsel argued that the incident never occurred and that Agueda fell due to unrelated reasons. Counsel noted that the bus driver and a couple of Agueda’s friends only saw Agueda on the ground after her fall, but that they never saw the van approach her., Agueda claimed she outstretched her right hand as she fell and, accordingly, she sustained a right compound wrist fracture. Agueda was treated at the scene and presented to a hospital later that night. While at the hospital, she underwent open reduction and internal fixation surgery. Agueda’s wrist did not heal properly after the surgery and she was left with a protrusion at her wrist. She claimed that as a result, she would require a second surgery to correct the protrusion. The defense’sexpert hand surgeon agreed that Agueda might require a second surgery.
Superior Court of Los Angeles County, Norwalk, CA

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