Case details
Failure to fix stairway banister resulted in fall, plaintiff alleged
SUMMARY
$105000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
hip
FACTS
On Aug. 8, 2012, plaintiff Bernard Crotty, 89, retired, was attending a wedding reception at the James Leary Flood Mansion in San Francisco. As he descended a steep stairwell to go to the restroom, he lost his balance and fell forward. Crotty landed on his left hip and sustained an injury. Crotty sued the Schools of the Sacred Heart-San Francisco, which owned the mansion and rented out the property. Plaintiff’s counsel contended that the subject stairwell had a banister, but that it stopped before the last two steps. Thus, counsel asserted that Crotty fell because he did not have anything to hold onto. Plaintiff’s counsel contended that the banister should have continued all the way down the stairway and that though the property was a historical mansion, it would have been de minimis for the defendant to place an aesthetically pleasing extension. Counsel further contended that though Crotty had consumed some alcohol, people drink at weddings and the defendant should have taken safety precautions to ensure no accidents occur. Defense counsel asserted that the fall could have been due to Crotty’s age and/or his consumption of alcohol. Additionally, counsel asserted that Schools of the Sacred Heart-San Francisco was not required to make any improvements to the building, as it was a historical property and grandfathered from the Building Code. In response, plaintiff’s counsel noted that Crotty never had a history of falling., Crotty sustained a fracture of his left hip. He was subsequently taken by ambulance to a hospital, where he remained for one week. Crotty ultimately underwent a hip replacement surgery. Crotty claimed he made a good recovery. Thus, he sought recovery of past medical costs, and recovery of damages for his past pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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