Case details

Fall in bathtub caused ongoing lower back pain, plaintiff alleged

SUMMARY

$90498.98

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, facet syndrome, facet syndrome head neck, lower back, neck
FACTS
On April 22, 2006, plaintiff Leslie Palmer, 40, a truck driver, slipped in the bathtub of her rented duplex in Sacramento. She sustained to her head, neck and lower back. Palmer sued the management company for the property, Mark III Management Co.; and the owners of the property, Georgia Brossard and John Brossard. Palmer alleged that the defendants failed to timely repair and/or maintain the bathtub, creating a dangerous condition. The Brossards passed away after the case was filed, so they were not involved in the litigation. Thus, the matter continued against Mark III Management only. Palmer claimed that she and her live-in partner sent four letters, once a month, to Mark III Management Co., complaining of the bathtub not draining properly and being slippery. Thus, she claimed the management company had notice of the dangerous condition, but failed to repair it. Mark III Management Co. stipulated to liability before trial and claimed that it repaired a broken part in the bathtub’s wall on April 25, 2006. Plaintiff’s counsel noted that the repair cost $180., Palmer sustained soft-tissue to her head and neck, as well as claimed lower back pain. She was not treated at the scene or taken to a hospital after the accident, but first presented to an emergency room four days after the subject incident when her alleged lower back pain would not go away. Palmer’s head and neck ultimately resolved two weeks after the subject incident, but she treated her lower back pain with physical therapy and acupuncture. Palmer was ultimately diagnosed with facet joint syndrome in April 2007, but later stopped treatment in July 2008, against her counsel’s advice, when she lost her insurance with Kaiser Permanente. She then resumed treatment with a private doctor in May 2010, and was recommended for medial branch block and radio frequency ablation procedures. She subsequently had two sets of procedures — one in 2011 and one in 2012 — done by her treating physician. Palmer claimed that she suffered constant and unrelieved pain in her lower back from the date of the accident until the administration of the radio frequency ablation in 2011. However, she claimed complete relief from the procedure, which, according to her treating physician, needs to be repeated annually due to regeneration of the ablated nerve sheathing. Thus, Palmer claimed that since her relief is temporary, she still suffers chronic lower back pain that makes it hard for her to walk or do some things that she used to do, such as go fishing or bowling. In addition, she claimed that although she continues to work, she suffers pain in her lower back while working. Past medical costs for Palmer were documented as totaling just under $23,000, up until the time of the medial branch block/radio frequency ablation procedures, which were performed by Palmer’s treating physician in 2011 and 2012 on a lien basis for just under $30,000. The plaintiff’s treating physician testified that Palmer would need to undergo the procedures annually for the rest of Palmer’s life, which had an expectancy of an additional 36 years, and that each procedure cost a little more than $11,000. The defense’s neurology expert testified that Palmer’s lower back complaints that were attributable to the accident were transitory. However, the expert opined that Palmer’s ongoing lower back complaints were the result of her lifestyle and that ablations would not be necessary if Palmer went on an aggressive weight loss program, a core conditioning program and modified her work environment.
COURT
Superior Court of Sacramento County, Sacramento, CA

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