Case details

Failure to maintain sink, caused its collapse, child claimed





Result type

Not present

disfigurement hand, finger, hand, laceration, scar, sutures
On Aug. 9, 2009, plaintiff Quincee Randolph, a 12-year-old student, was visiting her grandmother at the Greenridge Senior Care nursing home in El Sobrante. When she went to the guest restroom to wash her hands, the sink collapsed away from the wall, lacerating her right hand. Della Randolph, acting as her daughter’s guardian, sued the facility; its corporate owner, Chaya Centers Inc.; and the owner of the corporation, Linda Joseph. She alleged that the defendants were negligent in the maintenance and repair of the sink, creating a dangerous condition. Joseph was ultimately dismissed from the suit via summary judgment and the plaintiff’s Dillon v. Legg claim was dismissed via a motion for judgment on the pleadings. Quincee’s counsel contended that water seepage corroded the brackets holding the sink to the wall, causing the sink to collapse and shatter. Counsel asserted that Greenridge Senior Care and/or Chaya Centers should have known about this condition and timely repaired it. Defense counsel contended that the sink was being misused by Quincee, causing it to fall to the ground without warning. Counsel also contended that the sink was properly maintained and did not present a risk of harm. On the day of the incident, a maintenance man removed and replaced the shattered sink. Thus, plaintiff’s counsel stated that the sink itself presented evidentiary and proof challenges, and would have been an issue, had the case have progressed to trial. As a result, plaintiff’s counsel had to inspect similar sinks at the defendants’ facility., Quincee was taken to an emergency room from the scene. She stated she suffered a laceration to the back of her right, dominant hand, requiring around 10 stitches. About one month after the accident, she underwent surgery to repair a tendon in her hand. Following the surgery, she had about one month of outpatient physical therapy. Quincee claimed that she has light scarring about two inches long on her hand. However, plaintiff’s counsel acknowledged that Quincee has made a good recovery and future surgery is not planned.
Superior Court of Alameda County, Oakland, CA

Recommended Experts


Get a FREE consultation for your case