Case details

Failure to fix chili pepper bin resulted in fall, plaintiff alleged

SUMMARY

$807000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, fracture, knee, mental, patella, psychiatric, psychological
FACTS
On Nov. 27, 2011, plaintiff Kyung Park, 57, a homemaker, went to Zion Market in Hawaiian Gardens to do some shopping. While in the produce section, she slipped and fell on a six-inch chili pepper that had fallen on the ground. Park claimed an injury to her right knee. Park sued the owner of the store, Kyu Mahn Hwang, who was doing business as Zion Market. She alleged that the defendant failed to properly maintain the premises, creating a dangerous condition, and that the defendant had actual notice of said condition. Park contended that Hwang, as owner of Zion Market, failed to adhere to the industry standard of care by failing to keep safe and clean premises. Specifically, she claimed that the bin holding the chili peppers created a dangerous condition since the peppers would constantly fall off and that Hwang had notice of this problem but failed to remedy the issue. Hwang contended that there was no dangerous condition and that the store’s inspection procedures exceeded the standard of care. He claimed that he had no notice of the chili pepper and that Park was contributorily negligent in causing the accident by failing to pay attention to where she was walking. Hwang contended that the chili pepper on the ground was an open and obvious condition that Park should have avoided. Surveillance footage of the accident was allegedly destroyed by the defendant and not produced at trial., Park was taken from the scene of the accident by ambulance and brought to an emergency room, where she remained for three days. She sustained a fractured patella of her right knee, for which she underwent a repair surgery on Dec. 15, 2011. Park then followed up with 4.5 months of physical therapy, as well as post-operative orthopedic appointments. Park claimed that she still experiences pain and discomfort in her surgically repaired right knee, but that she is 80 percent recovered. She also claimed bouts of anxiety and sleep deprivation following the accident, which required seven months of psychiatric care. In addition, she claimed she can’t dance or drive as long as she used to, since she has problems sitting and standing for long periods of time. As a result, her expert orthopedic surgeon opined that Park will eventually require a total knee replacement. Thus, plaintiff’s counsel contended that Park had $82,000 in past medical costs, and asked the jury to award Park $122,000 in damages for future medical costs for the knee replacement, $500,000 in damages for her past pain and suffering, and $200,000 in damages for her future pain and suffering. Defense counsel did not dispute Park’s past medical bills, but argued that there was no need for any future medical care, especially a total knee replacement surgery. Furthermore, counsel argued that if Hwang was found to be liable, the jury should award no more than $30,000 in pain-and-suffering damages.
COURT
Superior Court of Los Angeles County, Central, CA

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