Case details

Display rack not a dangerous condition, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
femoral, femur, fracture, hip, leg, neck, wrist
FACTS
On Dec. 11, 2017, plaintiff Clara Martinez, a woman in her 80s, fell while she was shopping at a grocery store in San Pedro. She suffered an injury of a hip. Martinez sued the store’s operator, Buy-Low Market Inc. Martinez alleged that Buy-Low Market negligently created a dangerous condition that caused her fall. Buy Low Market Corp. and Valu Markets were also initially named as defendants, but the matter only continued against Buy-Low Market Inc. Martinez claimed that she tripped on a display rack of products by her feet that was butted up against a butcher’s counter, but which she missed seeing. Plaintiff’s counsel contended that the placement of the rack was improper, as customers would be focusing on the butcher’s counter and not anything below it. Buy-Low Market’s managers and supervisors, most of which had been at the store for 30 to 40 years, testified that they found the location to be safe. They also testified that the rack setups have been there since Buy-Low Market took over ownership of the store and that there had been no prior problems. Defense counsel contended that the display rack was an open and obvious condition that was not dangerous or a violation of the standard of care. Counsel argued that Martinez should have been aware of the location of the display rack, noting that video of the incident showed Martinez walking back and forth past the area multiple times, looking at the items on the rack. The defense’s retail safety expert, who has been in the retail industry for nearly 40 years, opined that the display rack did not present a dangerous condition nor did it fall below any supermarket standard of care., Martinez sustained a fracture of her right hip’s femoral neck. She was transported to a Kaiser hospital and underwent surgery. Martinez noted that she had two subsequent falls in her home. During a fall in April 2018, she fractured her wrist, and during a fall in July 2018, she fractured her left hip, which required surgery. Plaintiff’s counsel contended that the initial hip surgery caused Martinez’s subsequent falls and need for surgery on her left hip. Counsel also contended that Martinez is now a wheelchair user and has a shortened life expectancy. The parties agreed that the amount of the Kaiser lien for past medical costs totaled $100,000. Martinez claimed that she had other past medical costs as a result of the subsequent falls and surgery on her left hip. Martinez sought recovery of past medical expenses and damages for past and future pain and suffering. Defense counsel contended that Martinez recovered from the initial hip surgery by March or April of 2018. He disputed that Martinez’s subsequent , left hip surgery and alleged shortened life expectancy were caused by the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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