Case details

Falling light tree at restaurant caused shoulder injury: plaintiff

SUMMARY

$702000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, concussion, head, right shoulder, sensory, speech, vestibular deficits
FACTS
On June 18, 2011, plaintiff Deidrenne Ashcraft, 37, a recruiter, went with friends to Roe Restaurant on Howard Street in San Francisco to see a live music show performed by rapper Mickey Avalon. Ashcraft claimed that at approximately 11 p.m., while facing the stage and waiting for the show to start, a light tree from the stage fell over and struck her on the head and right shoulder. Ashcraft sued the operator of Roe Restaurant, Prive Bar Lounge Inc., and the company that rented the stage and two light trees to Prive Bar Lounge, Event Magic Inc. Ashcraft alleged that Event Magic failed to properly install the subject light tree and that Prive Bar Lounge failed to maintain a safe premises, creating a dangerous condition. Ashcraft claimed that Event Magic failed to adequately secure the base of the subject light tree with sand bags or use other methods to secure the structure. She alleged that as a result, the light tree became too top heavy and fell over. Ashcraft further claimed that Prive Bar Lounge failed to assure that the stage and lights were safe for patrons attending the show. Counsel for Event Magic contended that the incident did not happen as described, asserted that Ashcraft was not a credible witness in that she did not know what hit her. Counsel further asserted that Prive Bar Lounge failed to maintain a safe venue for its patrons during the subject concert. Counsel for Prive Bar Lounge asserted that Ashcraft’s version of the events was not credible because Ashcraft did not know what hit her on the night in question. Counsel also noted that there were no witnesses who saw the light fall and strike her. Counsel further asserted that Prive Bar Lounge relied on Event Magic to properly set up and secure the stage and lights for the show. In response, Ashcraft claimed that the incident did, in fact, happen as described and that a 911 call to the police following the incident evidenced as such., Ashcraft sustained a superior labrum tear from anterior and posterior (a SLAP tear) of her dominant, right shoulder. She was also diagnosed with a concussion and a contusion to the parietal area of her head. Ashcraft was subsequently taken by ambulance to an emergency room, where she was treated and released. She then followed up with her primary care physician and received pain medication, and also underwent physical therapy, on and off, for two years to treat her shoulder. Ashcraft claimed she developed a vestibular disorder from the incident, which has affected her balance and tracking. She also claimed she suffers post-concussion syndrome, and residual right shoulder pain and discomfort. She alleged that as a result, she missed work through January 2013 and tried to return to work later in the year, but was unable to do so. Ashcraft has not returned to work since. She further alleged that it is currently unknown if she will return to work due to her vestibular disorder that has affected her ability to walk as well as handle elevation changes. In addition, Ashcraft claimed she is not a surgical candidate and may treat her shoulder with more physical therapy in the future. Thus, Ashcraft sought recovery of $68,000 in past medical costs, $323,686 in past lost earnings, $2,068,548 in future lost earnings, and an unspecified amount in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that Ashcraft’s emergency room diagnosis was of a contusion and acute alcohol intoxication. Counsel asserted that Ashcraft only suffered a contusion to her shoulder and not a SLAP tear, that Ashcraft’s concussion was not a significant brain injury, and that Ashcraft did not suffer any vestibular injury. Thus, defense counsel asserted that Ashcraft should have only missed six to eight months of work and that none of Ashcraft’s required any future care.
COURT
Superior Court of San Francisco County, San Francisco, CA

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