Case details
Doorman opened door too quickly and struck her: plaintiff
SUMMARY
$450000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, leg
FACTS
On Oct. 20, 2012, at approximately 8:30 a.m., plaintiff JoAnn Fry, 85, a retiree, was entering her apartment building in Nob Hill when she was struck and knocked down by a swinging outer elevator door, which was opened by Juventino Santillam, the doorman at building. The incident was captured on surveillance video. Fry claimed an injury to her right leg. Fry sued Santillam and Crest Royal Corp., the owner of the building. Fry claimed that Santillam negligently swung open the elevator door too quickly, which had a sign inside stating “please open door gently.” She further claimed that Santillam should have seen her through the window of the elevator door. Defense counsel contended that Santillam did open the door gently and that the window was too small for him to see Fry. Counsel also contended that Fry knew where the door was and should not have stood in its path., Fry was taken from the apartment building by ambulance and brought to an emergency room, where she was diagnosed with a comminuted spiral intertrochanteric fracture of the right proximal femur. On Dec. 22, 2012, Fry underwent open reduction and internal fixation surgery, as well as a hemiarthroplasty. However, she suffered a post-surgical complication, a pulmonary embolism, and had to be hospitalized for 10 days. Fry then spent two months at a skilled nursing facility and followed up with out-patient physical therapy. Fry claimed she now uses a walker to ambulate and has lost all of her independence, as she can no longer cook, clean or engage in other daily activities. She also claimed that she now requires assisted living for the remainder of her life. Thus, Fry sought $80,000 in past medical costs and an unspecified amount of damages for her pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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