Case details

Failure to clean up oil caused slip and fall, plaintiff claimed

SUMMARY

$424000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
lower back, lumbar pain, right shoulder, right wrist
FACTS
On Feb. 10, 2013, plaintiff Willie Hernandez, 40, a contractor, was about to stack products in a warehouse owned by the Los Angeles Times Media Group, in Los Angeles, when she noticed a pool of oil on the floor. Since the oil was near a forklift where she had to stack her products, Hernandez placed a piece of cardboard over the pool of oil to soak it up. However, as she began to stack her products, she slipped on the cardboard and fell. Hernandez claimed to her right shoulder, right wrist, and lower back. Hernandez sued the property owner, Los Angeles Times Media Group, and the owner of the media group, Los Angeles Times Communications LLC. Hernandez alleged that the defendants failed to timely clean up the pool of oil, creating a dangerous condition. The plaintiff’s accident reconstruction expert, an engineer, opined that the Los Angeles Times Media Group failed to properly maintain its premises in a reasonably safe condition by allowing the dangerous condition of oil to remain on the floor. Defense counsel argued that Los Angeles Times Media Group and Los Angeles Times Communications had no notice of there being oil on the floor and that Hernandez was comparatively negligent for placing the cardboard on the floor. The defense’s safety expert opined that Hernandez should have called a supervisor to assist in cleaning up the oil before she began working., Hernandez was ultimately diagnosed with a torn labrum of her right, dominant shoulder, carpal tunnel syndrome of her right wrist, and a lumbar sprain. She subsequently presented to a hospital, where she underwent X-rays and was discharged with instructions to follow up with an orthopedist. Hernandez ultimately underwent arthroscopic surgery to repair her shoulder and surgery to address her carpal tunnel syndrome. She also underwent about six months of physical therapy to address her lumbar pain. Hernandez claimed that despite her treatment, she still has lifting restrictions. Thus, she sought recovery of damages for past and future medical costs, loss of earnings, and pain and suffering. Defense counsel did not actively dispute the issue of Hernandez’ damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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