Case details

Fall on restaurant floor caused elbow injury, plaintiff claimed

SUMMARY

$1500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
left elbow, neurological, reflex sympathetic
FACTS
In the early evening of Jan. 2, 2011, plaintiff Debbie Oseguera, 51, Director of Operations at Primary Eyecare Network, went for dinner at Nation’s Giant Hamburgers in Oakley. While exiting the bathroom, Oseguera allegedly slipped and fell on a greasy surface. Oseguera claimed she injured her left elbow. Oseguera sued the operator of Nation’s Giant Hamburgers, Nation’s Food Service Inc., alleging the defendant failed to properly maintain the premises, creating a dangerous condition and slipping hazard. Plaintiff’s counsel contended that video surveillance footage showed an employee using a squeegee on the floor to move grease from the kitchen, through the bathroom hallway, to the back kitchen. Counsel contended that the same video showed Oseguera walking out of the bathroom when her feet suddenly slid out from underneath her, causing her to fall to the ground. Nation’s Food Service did not deny liability, nor was it formally admitted., After the incident, Oseguera was taken by her family to the emergency room at Kaiser Oakland, also known as Oakland Medical Center. She was evaluated by orthopedists and ordered physical therapy for her injured left elbow. Three months later, Oseguera was diagnosed with Stage 2 complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. She subsequently underwent multiple nerve blocks and extensive physical therapy to treat her condition. Oseguera claimed that she will continue to treat conservatively, as needed, but that there is no effective treatment for CRPS. She also claimed that she developed atrophy in her elbow and that her symptoms will continue for the remainder of her life. Oseguera claimed that as a result, she had to work a modified schedule and that she was eventually ordered to take leave from work and has not yet returned. Thus, Oseguera sought recovery of $35,895 in past medical costs, $359,382 in future medical treatment, $94,605 in past lost earnings and $1,712,073 in future lost earnings. She also sought recovery of $31,067 in past loss of household services, $236,362 in future loss of household services, and $1.5 million in general damages. Defense counsel did not seriously dispute Oseguera’s alleged and damages.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case