Case details

Failure to repair spigot caused slip and fall, plaintiff claimed

SUMMARY

$155000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
acetabulum, arm, brain, concussion, fracture, head, headaches, hip, wrist
FACTS
On Sept. 23, 2011, at approximately 1:30 p.m., plaintiff Fay Alavi Law, 80, a retiree, was walking in the Hastings Ranch Shopping Center, located at 3737-3741 East Foothill Boulevard in Pasadena, when she slipped and fell on a wet sidewalk. She subsequently smacked her head and left side on the concrete sidewalk and wall, allegedly her head, left hand and arm, and left hip and pelvis. Law sued the owners of the sidewalk and a spigot near the sidewalk, Hastings Ranch Shopping Center L.P. and Hastings Ranch Investment Co. L.P.; the maintainer of the shopping center’s sidewalks, The Arba Group Inc.; and the controller and maintainer of the spigot, CEC Entertainment Inc., which was doing business as Chuck E. Cheese’s. Law alleged that the defendants failed to properly repair and/or maintain a spigot near a sidewalk, creating a dangerous condition. Law initially also sued USM Inc., which was doing business as USM Services Inc., and SC Property Services Inc., but they were erroneously named as defendants. Thus, the action was not pursued against them. Law claimed that she slipped in a puddle, which was caused by a leaky spigot on the shopping center’s premises. She also claimed that her husband was told by Chuck E. Cheese’s manager that both CEC and Hastings knew the spigot was leaky. Thus, Law alleged Hastings, CEC and Arba knew about the leaky spigot, but failed to timely repair it. Defense counsel argued that Law was comparative at fault for the incident. Counsel contended that Law caused her own fall by either failing to safely transverse a condition already well known to her (since she had been to the shopping center many times in the past) and/or failing to safely observe where she was walking., Law struck her head on the cement ground and lost consciousness. She suffered a concussion, as well as a radial fracture of her left wrist, an acetabular fracture of her left hip, and a fracture of her left pelvis. Law was subsequently taken by ambulance to an emergency room. On Sept. 26, 2011, she underwent open reduction and internal fixation of the hip fracture; bone grafting of the pelvic fracture; and tissue grafting, apheresis and percutaneous pinning of the wrist fracture. Law then underwent a second wrist reconstruction surgery with bone grafting, osteoplasty and lengthening of the radius on Dec. 19, 2011, due to malunion. Law claimed she still has unrelenting hand and hip and pelvic pain, as well as a deformity of her hand that is particularly painful and upsetting. She also claimed she continues to suffer from lower back pain. Thus, Law sought recovery of $23,930.07 in past medical costs, approximately $178,961.76 in future treatment, and an unspecified amount of damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case