Case details

Failure to cover floodgate post hole caused fall, plaintiff alleged

SUMMARY

$813360.78

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, damage, knee, medial collateral ligament, tear
FACTS
On Nov. 16, 2017, plaintiff Ann Finnie, a director of communications in her 50s, was heading to an underground parking garage at the Hilton San Jose to retrieve her vehicle. As she was walking on a sidewalk, crossing in front of a ramp leading down to the parking garage, her right leg fell vertically into a hole near the edge of the parking garage ramp. Finnie sustained to her right knee. Finnie sued the owner of the hotel, Han’s Hospitality at 300 San Jose, LLC; the hotel’s franchisor, Hilton Worldwide Inc.; and the property manager for the hotel that controlled the day-to-day operations of the hotel, Dinapoli Capital Partners, LLC. Finnie alleged that defendants failed to inspect, repair and/or properly maintain the ramp, creating a dangerous condition. Hilton Worldwide was ultimately dismissed from the case, and the matter continued against the remaining defendants. Finnie claimed that she was walking on a sidewalk, near the edge of the ramp, where she previously witnessed Hilton employees walk to access the garage. She claimed that while she saw a sign on the ramp that stated, “no pedestrians on ramp,” she presumed the sign was meant to prohibit pedestrians from walking along the road where cars were traveling. Finnie claimed that when she attempted to cross in front of the ramp, near its edge, her leg fell into a hole, which had been covered by leaves, debris and water. Plaintiff’s counsel noted that the purpose of the hole was to hold a floodgate post, which would support of floodgate during a storm, and that the hole was meant to be covered. However, counsel contended that the hotel forgot to cover the hole after it last used the gate and that as a result, the hole was left uncovered for years, causing it to fill with debris and water, transforming it into a dangerous trap. The plaintiff’s expert who specializes in the design and management of parking garages opined that the defendants failed to conduct daily inspections of their property and that as a result, the defendants failed to detect the hole, fix the condition and/or warn others about the hole. The expert further opined that the defendants’ actions all fell below the standard of care. Plaintiff’s counsel contended that the hole was located on the sidewalk, while defense counsel contended that it was located on the ramp. Regardless, it was agreed, that the hole was located at the edge of the parking garage ramp. Defense counsel contended that the defendants were not negligent, as there were several LED lights on the parking ramp, illuminating the area, and several “no pedestrians on ramp” signs on the walls bordering the ramp within pedestrian line of sight. Counsel also noted that the plaintiff’s own witness confirmed that the area of the incident was adequately lit. Defense counsel further contended that Finnie was negligent for walking on the ramp when signs specifically stated not to do so., Finnie’s right leg became stuck for at least 15 minutes until two firemen pulled her from the hole. She was placed in an ambulance and brought to El Camino Hospital, in Mountain View, where she was diagnosed with a partially torn anterior cruciate ligament and a torn medial collateral ligament in her right knee, as well as bruising to the kneecap area. After her emergency room stay, Finnie followed up with her treating orthopedic surgeon, who recommended a conservative treatment plan of physical therapy. Finnie underwent physical therapy from Dec. 19, 2017, through June 2018. She then engaged in further physical therapy for two to three months during the fall of 2018 and the spring of 2019. Finnie’s job was sedentary, so she was eventually able to return to work. However, she claimed that she continues to deal with a consistent, dull pain below her kneecap and that her right knee often swells. She also claimed that the pain has made daily activities more difficult, such as with driving long distances, getting in and out of cars, and going up and down stairs. Finnie further claimed that certain types of chairs aggravate her hamstring and the back of her knee and that when the weather is bad or changes, her right knee begins to act up. In addition, she claimed that whenever she stands or walks longer than usual, she feels pain. Finnie did not undergo surgery. Her treating orthopedic surgeon opined that Finnie’s tears had healed through conservative treatment and that Finnie was not a surgical candidate. However, plaintiff’s counsel contended that Finnie’s arthritis will become worse over time, causing pain to increase and causing Finnie to develop early degenerative joint disease. Counsel contended that as a result, the overall quality of Finnie’s life will decrease. Finnie sought recovery of $86,694.78 in total damages for her past and future medical treatment and past lost earnings. She also sought recovery of noneconomic damages for her past and future pain and suffering.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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