Case details

Fall due to plaintiff’s impaired vision and hearing: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bulging lumbar disc, left knee, left knee's meniscus, lower back, right wrist, right wrist fracture
FACTS
On May 20, 2014, at approximately 2:30 p.m., plaintiff Sotero Ruiz-Olvera, 57, a non-English-speaking man who is blind and deaf, fell into a 5-foot trench that was being excavated on a residential street in the community of Rainbow, located in the northern region of San Diego County. The trench was being excavated as part of a project commissioned by the Rainbow Municipal Water District and at the time of the fall, employees of the water district were actively working on the construction site. Ruiz-Olvera claimed that he sustained of his right wrist, left knee, and lower back. Ruiz-Olvera sued the Rainbow Municipal Water District, claiming the excavation trench constituted a dangerous condition. Ruiz-Olvera claimed that when he reached the excavation site, he stopped and was signaled, in English, to proceed forward. However, he claimed that the water district’s employees failed to warn him about the hazard and did not provide adequate protection/barriers at the excavation site. Plaintiff’s counsel contended that employees of the Rainbow Municipal Water District should have placed yellow caution tape around the construction site and that doing so would have prevented Ruiz-Olvera from falling into the trench. Defense counsel argued that the work site was not dangerous, that the area was properly signed and blocked off with cones, and that the area was an active construction site. Counsel contended that the construction crew leader, who was directing the operation off a backhoe truck, saw Ruiz-Olvera and tried to verbally communicate with him, but that Ruiz-Olvera mumbled something, proceeded forward, and fell into the hole. Thus, defense counsel argued that Ruiz-Olvera was confused, and fell into the trench due to his inability to see or hear., Ruiz-Olvera sustained a fracture of his right, dominant wrist. He also claimed he sustained a tear of the left knee’s meniscus and a bulging lumbar disc at the L5-S1 level. Ruiz-Olvera was subsequently placed in an ambulance and transported to the emergency room at Fallbrook Medical Center, in Fallbrook, where he underwent X-rays and his right wrist was placed in a cast. He was released from the hospital later that day, and then consulted with an orthopedist and a chiropractor, who were recommended to him for a number of conservative treatment measures. Ruiz-Olvera’s cast was ultimately removed from his right wrist approximately six weeks after the incident. He then underwent approximately nine months of conservative treatment, which were rendered two-to-three times per week and were provided by a number of specialists. His treatment included physical therapy and pain management, as well as a total of three epidural steroid injections to his lumbar spine. For approximately five months, he also underwent regular treatments with a chiropractor. Ruiz-Olvera claimed that he continues to experience residual pain in his back and left knee, which makes it difficult for him to walk or stand for long periods of time. He further claimed that he suffers from range of motion restrictions in his right, dominant wrist and lower back. Plaintiff’s counsel contended that the subject fall was the proximate cause of Ruiz-Olvera’s and extensive treatments. Counsel also contended that Ruiz-Olvera’s are permanent. Thus, Ruiz-Olvera sought recovery of past and future medical costs. He also sought recovery of an unspecified amount of damages for his past pain and suffering and $250,000 in damages for his future pain and suffering over his projected life expectancy of 25 years. Defense counsel contended that, based on emergency room records generated on the date of incident, Ruiz-Olvera did not complain of any lower back pain, did not exhibit any swelling of his left knee, and was only diagnosed with a knee abrasion. Thus, counsel argued that Ruiz-Olvera’s alleged knee and back were unrelated to the fall. Counsel also contended that Ruiz-Olvera made a good recovery from his wrist injury. The defense’s expert orthopedic surgeon reviewed Ruiz-Olvera’s emergency room X-ray and MRI images, and opined that Ruiz-Olvera’s back and knee predated the incident. The expert testified that the medical images showed that the were not traumatically induced, but were degenerative in nature and were sustained prior to Ruiz-Olvera’s fall.
COURT
Superior Court of San Diego County, San Diego, CA

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