Case details

Failure to secure rug at store resulted in trip and fall: plaintiff

SUMMARY

$66008.19

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
knee, medial meniscus, tear
FACTS
On Oct. 18, 2010, at approximately 1 p.m., plaintiff Rudy Gonzalez, 53, an unemployed caregiver, and his friend were being shown a dining room table at an Ashley Furniture HomeStore on Ashley Way in Colton. In order to see the table’s internal leaf feature, Gonzalez assisted an Ashley Furniture sales associate in opening the table and again in closing the table. Shortly after the table was closed, Gonzalez tripped and fell over a portion of the area rug that had become cupped. As a result, he twisted his left knee and struck a portion of the dresser, before dropping to the floor on both knees. He also claimed he strained his left arm and shoulder trying to break his fall. Gonzales pulled himself up off the floor with assistance from an adjacent dresser. He then returned to the store two days later to fill out an incident report. Gonzalez sued Ashley Furniture HomeStore and the owning entity of Ashley Furniture, Stoneledge Furniture LLC. Gonzalez alleged that the defendants were negligent in the maintenance of the store, creating a dangerous condition. Stoneledge assumed any potential liability found at trial. Gonzalez claimed that the rug he tripped over did not have two-sided tape on it, as required by Ashley Furniture’s own policies. He also claimed that the rug the table was placed on was too small, allowing the legs of the table to come off the rug and push up the rug when the table was closed. He further claimed that the cost of making sure the rug was secure was a minimal expense, ranging from $2 to $15 per rug. Gonzalez’s counsel contended that Ashley Furniture’s sales technique relies heavily on involving potential buyers in the demonstration of its products. Counsel argued that by introducing the customer into the demonstration, it introduces an unknown factor and requires that the store have a safe environment. Thus, plaintiff’s counsel argued that the need to secure the rug was based on Ashley Furniture’s policy, as well as industry standards and safety standards specified by the American National Standards Institute and the American Society for Testing and Materials. Stoneledge claimed that Ashley Furniture HomeStore did everything it was supposed to do and that Gonzalez caused the rug to lift up by pushing the table from his side. Defense counsel contended that the rug’s condition was open and obvious and that Gonzalez caused his own by failing to look where he was going. Thus, counsel argued that “it takes two to tango,” and that by agreeing to take part in the demonstration, Gonzalez also had to be careful., Gonzalez claimed he suffered a medial meniscus tear of his left knee as a result of twisting it and striking it on a portion of the dresser, and then dropping to the floor on both knees. He also claimed he strained his left arm and shoulder when he tried to break his fall. Gonzalez first sought treatment at an urgent care facility the day after the incident. He underwent an MRI, which was inconclusive, and began treatment with an orthopedist. Gonzalez then treated with physical therapy for roughly one year and received one cortisone injection. He claimed that when conservative treatment did not relieve his condition, he opted for exploratory arthroscopic surgery on his left knee, which was performed on Sept. 22, 2011. During the surgery, Gonzalez’s treating orthopedic surgeon found the medial meniscus tear and repaired it. Gonzalez then followed up with for three months of additional physical therapy. Despite undergoing surgery and physical therapy, Gonzalez claimed he experiences ongoing pain and was wearing a knee brace at trial. He also claimed his mobility is limited, affecting his ability to go hiking. Thus, Gonzalez sought $346,008.19 in total damages, including $46,008.19 in past medical costs and an unspecified amount for his past and future pain and suffering. Defense counsel contended that Gonzalez made a good recovery from his knee surgery and that even Gonzalez’s own treating surgeon agreed.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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