Case details

Failure to place “wet floor” signs caused slip and fall: plaintiff

SUMMARY

$618000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical disc protrusions, right knee, sustainedtorn meniscus of the right knee
FACTS
At around 11:30 a.m. on Sept. 22, 2011, plaintiff Jilla Azizzadeh, 58, was shopping with her adult daughter and infant granddaughter at the Beverly Center, in Beverly Hills, when she slipped and fell in a seventh floor bathroom. Azizzadeh sustained to a knee. Azizzadeh sued the owner of the shopping center, Taubman Centers Inc.; a subsidiary of Taubman Centers, La Cienega Partners Limited Partnership, which was doing business as Beverly Center; and the contractor that provided janitorial services at Beverly Center, Environmental Service Concepts LLC. Azizzadeh alleged that the defendants failed to warn of the bathroom floor’s dangerous condition. Azizzadeh claimed that she was following her daughter, who was pushing a baby stroller, into the bathroom when she slipped and fell. She alleged that the bathroom floor was wet as a result of it being recently mopped by an employee of Environmental Service Concepts, which provided regular cleaning of the public restrooms on the seventh floor of the property, and that the employee was still in the bathroom cleaning at the time of her fall. Plaintiff’s counsel noted that the incident report stated that there were “stroller marks” on the floor, which counsel contended proved that the floor was wet at the time of Azizzadeh’s fall. Plaintiff’s counsel also contended that although the bathroom was still in the process of being cleaned at the time of the incident, there were no “wet floor” signs in the bathroom to put Azizzadeh on notice that the floor was wet. In addition, counsel elicited testimony that when a floor is being mopped, there are supposed to be three “wet floor” signs placed near the area. Thus, plaintiff’s counsel argued that defendants violated their own safety procedures and negligently failed to place the required “wet floor” signs in nearby locations, as required by the defendants’ own policies. Defense counsel contended that the floor was “dry mopped” and, thus, the floor was dry at the moment Azizzadeh fell. Environmental Service Concepts’ employee conceded in her deposition that she had, indeed, mopped the entire floor in the bathroom approximately 10 minutes before the fall. However, defense counsel argued that any water used to mop the floor had completely dried prior to the alleged incident. In addition, defense counsel contended that although the floor was dry, there was one “wet floor” sign placed in the bathroom, there was a custodian in the bathroom, and the front door was propped open for the cleaning of the bathroom. Thus, counsel argued that Azizzadeh should have been aware that the bathroom was being cleaned., Azizzadeh claimed that she sustained a torn meniscus of the right knee and cervical disc protrusions at the C3-4, C4-5, and C5-6 levels. She alleged that she began feeling pain in her right knee immediately after the slip and fall, but that she refused transportation to a hospital on the day of the incident. However, the next day, she went to a chiropractor for treatment of her pain. Azizzadeh received epidural injections to her cervical spine and she ultimately underwent knee surgery to repair the meniscus on Jan. 20, 2015. Azizzadeh claimed that despite the knee surgery, she still experiences constant, daily pain to her right knee. She also claimed that her cervical condition is ongoing. The plaintiff’s treating orthopedic surgery expert who performed the knee surgery opined that Azizzadeh’s torn meniscus was caused by trauma from the slip and fall. He also opined that Azizzadeh will require a total knee replacement within five years at a global cost of $120,000. The plaintiff’s treating neuroradiology expert who performed the epidural injections opined that Azizzadeh requires a cervical decompression. Thus, Azizzadeh sought recovery of $82,500 for past medical expenses and an unspecified amount for future medical expenses. She also sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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