Case details

Fall from van’s ramp resulted in hip injuries, plaintiff alleged

SUMMARY

$180000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, hip
FACTS
On Jan. 30, 2010, plaintiff Janet Stavis, 79, a retiree, arrived at Casa Casitas Nursing Center in Granada Hills to meet her husband, Stanley Stavis, who is wheelchair bound, for dinner. A van operated by Access Services Inc. transported the Stavises to a Sizzler restaurant on Tampa Avenue in Northridge. Following dinner, an Access van operated by Jan Ingram was summoned to drive them back to the facility. At approximately 9:30 p.m., Ingram parked the van in front of the restaurant and unfolded the access ramp from the van’s side door. After he assisted Mr. Stavis up the ramp in his wheelchair, he began securing the wheelchair into the van. Mrs. Stavis subsequently walked up the ramp to enter the van when she allegedly lost her balance and fell, landing on a brick surface. Mrs. Stavis claimed an injury to her left hip, as well as a subsequent injury to her right pelvis. Mrs. Stavis sued Access Services; Ingram; his employer, MV Transportation Inc.; and the owner of the handicapped access walk in front of the restaurant, Northridge Business Center LP. She brought causes of action for negligence and premises liability. Ingram was not served and was dismissed from the case. Northridge was also voluntarily dismissed by the plaintiff. Thus, the matter proceeded to trial against Access Services and MV Transportation only. Mrs. Stavis contended that when she attempted to enter the vehicle, Ingram failed to provide assistance for her, as required by his employer. She also claimed that Ingram failed to situate the ramp in such a manner so that a gap would not exist between the end of the ramp and walkway. The plaintiff’s accident reconstruction expert opined that due to the gap, when Mrs. Stavis put her foot down on the ramp, it flexed more than usual, causing her to lose balance and fall from the ramp. According to defense counsel, Ingram was not given the opportunity to assist Ms. Stavis prior to her fall. Counsel contended that Ingram was on the opposite side of the van when Ms. Stavis decided to walk up the ramp on her own. Counsel further contended that once Ingram had finished securing the wheelchair, it was his intention to stand next to the ramp and offer Ms. Stavis assistance. The defense’s accident reconstruction expert opined, and the plaintiff’s expert agreed, that Mrs. Stavis could not have been launched off the ramp as claimed. Thus, the defense’s expert opined that Ms. Stavis simply lost her balance while walking up the ramp and fell. The defendants claimed that the ramp was made of flexible, but strong, aircraft aluminum and would flex so that with only 20 pounds of weight it will completely touch the sidewalk, even on an uneven surface, and create a stable walking platform., Mrs. Stavis was taken from the scene of the accident by ambulance and brought to an emergency room. She was diagnosed with an intertrochanteric hip fracture, with subtrochanteric extension and comminution. On Jan. 31, 2010, she underwent open reduction and internal fixation surgery with the placement of a rod and screw. She was then released from the hospital on Feb. 2, 2010, and followed up at a nursing and rehabilitation center through Feb. 19, 2010. Mrs. Stavis received 24-hour home care for a month thereafter. She claimed that she needed assistance in and out of bed, as well as a beside commode and shower chair. After that first month, she followed up with home physical therapy and used a walker to ambulate. She ultimately resumed driving three months post-accident. On Sept. 18, 2010, Mrs. Stavis suffered another fall in a temple parking lot, and sustained a fracture of the right pelvis, specifically the inferior and superior pubic ramus. She claimed her prior injury caused her subsequent fall. Mrs. Stavis followed up with three more weeks at the nursing and rehabilitation center, and then returned home where she received three weeks of 24-hour care, including physical therapy. She was unable to drive for another three months. Mrs. Stavis claimed that she was entirely self-sufficient and active prior to the accident, participating in many social activities. However, she claimed that she now experiences leg spasms, sharp pain and tightening, and is fearful of re-injury. The court granted plaintiff’s counsel’s motions in limine, which determined that Access Services was a common carrier and that all medical bills of Mrs. Stavis’ HMO would be admissible at trial. Thus, the plaintiff claimed $119,637.49 in past medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel contended that Mrs. Stavis had a good surgical result and that her left leg was only one-quarter of an inch shorter than the right, which was confirmed by her medical records. Counsel argued that Mrs. Stavis could use a walker and was not wheelchair dependent. In addition, defense counsel argued that the second fall was not related to the first.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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