Case details

Failure to warn of retractable wall resulted in arm fractures

SUMMARY

$325000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, emotional distress, fracture, humerus, mental, multiple fractures, non-dominant, psychological
FACTS
On May 27, 2014, claimant Malia Perales, 12, went to the La Mirada Community Gymnasium, in La Mirada, with her mother, claimant Eileen Perales, and younger sister, claimant Marissa Perales, 5. As they were watching the end of a girls’ volleyball game, before Malia was to play a park-and-recreational league game, Malia leaned against a vinyl/plastic partition wall that was used to separate a single, full-size basketball court into two volleyball courts within the gymnasium. Suddenly and without any warning, the partition wall began to retract toward the ceiling. As a result, Malia’s left arm became trapped in the partition wall, which began to twist as it rolled up toward the ceiling, fracturing Malia’s arm. The force of the wall rolling upward with Malia’s arm trapped within it caused Malia’s body to be physically lifted off of the ground by an estimated four to five feet. Malia, her mother, and other eyewitnesses screamed for help until someone was finally able to stop the wall from retracting up toward the ceiling and reverse the mechanism so that the wall unrolled toward the gymnasium floor, releasing Malia from its grip. Malia, by and through her guardian ad litem, Robert Perales, brought a claim against the city of La Mirada. Claimants’ counsel contended that Malia’s were caused by a dangerous condition of public property and/or by the negligence of a government employee/agent retracting the wall without issuing a warning to gymnasium users. Thus, counsel contended that the city was liable for the incident pursuant to California Government Code § 835. The city did not contest liability., Malia suffered multiple fractures to her left, non-dominant, arm. She was subsequently taken from the gymnasium via ambulance and brought to a hospital with her arm showing obvious deformation. Within six months of the incident, Malia underwent open reduction and internal fixation of her left humerus, and an osteotomy of the left forearm’s radius and ulna with internal fixation. She later had all of the hardware removed from her arm. All of Malia’s incident-related treatment was completed within the year following the incident. Malia made a remarkable recovery and she has regained full use of her left arm with no permanent limitations. Malia’s mother, Eileen Perales, and younger sister, Marissa Perales, both brought claims for negligent infliction of emotional distress as a result of witnessing the incident. The claimed that they each suffered from anxiety and flashbacks during the weeks and months following the incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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