Case details

Elderly woman claimed placement of sign caused fall

SUMMARY

$159116

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fracture, leg
FACTS
On July 21, 2010, at approximately 2 p.m., plaintiff Beverly Graves, 72, a retiree, was walking in the hallway of Willowbrook Senior Center in East Los Angeles. While turning a corner, Graves tripped and fell over the pronged leg of a direction sign. She claimed an injury to her right leg. Graves sued Willowbrook Senior Center, which was owned by the county of Los Angeles. She alleged that the center was negligent in the placement of the direction sign, creating a dangerous condition. Graves contended that the sign’s four pronged legs extended out beyond the width of the sign, creating a hazardous condition. She further contended that the sign was negligently placed at the corner of the hallway, as it was not visible to her as she approached the turn, causing her to trip over it. Willowbrook claimed that there was no dangerous condition, as the sign had been used for several years, and that the pronged legs were noticeable and safe. It admitted that the sign was in the wrong area at the time of the accident, but claimed that the sign was readily visible to Graves. Thus, defense counsel argued that Graves was contributorily at fault in causing her injury., Graves sustained a fracture to her right femur and was subsequently taken by ambulance to an emergency room. She ultimately underwent open reduction and internal fixation with the insertion of a rod within days of the accident. Graves was hospitalized for roughly four days and then transferred to a convalescent facility, where she remained for three months. Graves claimed that she still experiences residual pain and discomfort, and may eventually require additional surgery. She acknowledged that she used a cane before the accident due to her diabetic condition, but she claimed that she now requires a walker due to the accident. Graves further claimed that she can no longer go line dancing, as well as suffers from other physical restrictions. Thus, she claimed $59,116 in past medical costs and $475,000 in general damages. Defense counsel contended that Graves was using a cane prior to the accident and already had mobility problems due to her pre-existing diabetic condition. Counsel further argued that Graves did not require any future surgery associated with the subject injury and that her claim for general damages was excessive.
COURT
Superior Court of Los Angeles County, Compton, CA

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