Case details
Dormitory resident: Bathroom’s slippery condition caused fall
SUMMARY
$250000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
dislocation, knee, left knee, patella
FACTS
On April 22, 2009, plaintiff Jennifer Gosk, a student and resident advisor at the Academy of Art University, was in a women’s bathroom in Howard Brody Dormitory. After washing her hands at the bathroom sink, Gosk turned around to get some paper towels and slipped on water that was on the floor. She subsequently fell and severely injured her left knee. Gosk sued Stephens Institute Inc., which was doing business as Academy of Art University, and Gallo Janitorial Services Inc. Gosk alleged the defendants were negligent in the maintenance of the bathroom, creating a dangerous condition. She later added a general negligence cause of action. Specifically, Gosk claimed Stephens Institute failed to provide floor mats, floor drains or otherwise correct the water from pooling in the bathroom, which frequently caused the linoleum floor to be slippery. Stephens Institute subsequently brought a third-party claim against the manager of the dormitory, Century Campus Housing Management, L.P., which was doing business as Campus Living Villages. Stephens Institute alleged that Century Campus was responsible for the maintenance of the dormitory and that it was contractually indemnified by Century Campus, pursuant to a management agreement between them that also contained a provision for attorney fees. (Gosk did not sue Century Campus because it employed her and provided her with worker’s compensation benefits at the time of the accident.) Gallo Janitorial Services settled with Gosk shortly before trial and, on the first day of trial, Stephens Institute settled with Gosk for $250,000. Thus, the matter continued to trial on Stephens Institute’s cross-complaint against Century Campus regarding contractual indemnity., Gosk sustained a patellar dislocation and a micro-fracture of the left knee. She was subsequently taken by ambulance to a hospital and ultimately underwent four surgeries on her knee. Gosk claimed she would require a total knee replacement in the future.
COURT
Superior Court of San Francisco County, San Francisco, CA
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