Case details
Failure to warn of dangerous drop off caused fall, plaintiff claimed
SUMMARY
$750000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, hip
FACTS
On May 13, 2014, plaintiff Joan Benning, a 78 year old who walked with a cane, presented to the First Baptist Church of San Jacinto, in San Jacinto, to what she thought was the Church Administration Office. She was invited in by an employee, who directed Benning to go through a doorway to the counseling room and then to go through the conference room to the actual front office. However, Benning was unaware that there was a drop in elevation between the counseling room and the conference room. As result, when Benning proceeded through the conference room doorway, she fell forward and allegedly injured her left hip. Benning sued First Baptist Church of San Jacinto. Plaintiff’s counsel contended that there was an 8.75-inch drop in elevation between the two rooms and that the drop in elevation was not in compliance with the California Building Code. Counsel also contended that Benning was not advised of the drop in elevation and that the employee of First Baptist Church of San Jacinto could have directed Benning to go back outside to walk around to the actual front entrance to the administrative office. Thus, plaintiff’s counsel asserted that the drop in elevation constituted a dangerous condition and that the employee of the First Baptist Church of San Jacinto was negligent for failing to warn of the drop in elevation or direct Benning to a safer entrance. Defense counsel contended that the administrative office was converted from a residence and that at the time the residence was built, the drop in elevation was code compliant for residences. Counsel also contended that the drop in elevation was 8-inches and not 8.75-inches. In addition, counsel contended that Benning was inattentive, as she was talking and looking back at the employee while she walked away. Thus, defense counsel asserted that the height difference was not a substantial factor in causing the accident, as Benning would have fallen whether it was code compliant or not., Benning fell forward and fractured her left hip. She was subsequently placed in her vehicle and drove home. Her neighbor then called the paramedics, who came to Benning’s residence. Within a couple days, Benning underwent surgical intervention, followed by a course of rehabilitation. A short time later, she was diagnosed with a Methicillin-resistant Staphylococcus aureus (MRSA) infection, which complicated her immune system and caused her to be hospitalized six times. In September 2014, Benning had to have her hip prosthesis removed, and a spacer was placed. Once she recovered, a new prosthesis was placed in December 2014. Benning alleged that prior to the incident, she lived independently and only used a cane because she had arthritis in her left knee and felt more comfortable with a cane when she went out. She also alleged that she used to participate in activities, had friends, and was able to cook and clean for herself. However, Benning claimed she will now have to spend the remainder of her life bedridden and in a skilled nursing facility. Defense counsel stipulated to Benning’s .
COURT
Superior Court of Riverside County, Riverside, 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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