Case details
Flooding at station caused slip and fall, plaintiff alleged
SUMMARY
$301090.35
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
knee, medial meniscus, tear
FACTS
On April 1, 2014, plaintiff Michael “Jake” Martin, 62, the director of the Homeless Outreach Clinic at the Veterans Administration on Market Street, in San Francisco, was at Fifth Street entrance to the Powell Street Station during a light rain. As he descended the first staircase, he noticed that the landing on the station level was flooded and that people were turning around and coming back upstairs. Martin continued to walk down the stairs and realized that the puddle was wider than his leap. He hesitated for a moment and then leaped forward. However, he slipped, fell and found himself lying in the middle of the puddle. Martin sustained to his right knee. Martin sued the owner and operator of the Powell Street Station, the San Francisco Bay Area Rapid Transit District (BART), and the city and county of San Francisco. Martin alleged the defendants failed to properly repair and/or maintain the station, creating a dangerous condition. The matter ultimately continued against the San Francisco Bay Area Rapid Transit District only. The parties participated in a non-binding judicial arbitration on Oct. 18, 2016, which awarded Martin $115,000, but the transit district rejected the award and demanded a trial de novo. The matter then proceeded to jury trial. Martin claimed that the BART janitors failed to properly maintain the station and that the pooling of water at the bottom of the staircase constituted a dangerous condition, which caused him to slip and fall. Two of Martin’s co-workers testified that the station entrance was in the same condition for years and that water pooled at the bottom of the stairs every time it rained. Plaintiff’s counsel deposed 14 BART employees, including nine janitors, some of whom were supposed to clean the station a couple times each shift, but all of them denied any knowledge about the recurring flooding. BART’s counsel denied the flooding qualified as a dangerous condition and argued that even if it did, BART did not have constructive or actual notice of the condition. The defense’s expert meteorologist testified that the incident happened during a “flush” of rain, when BART janitors at the Powell Street Station did not have enough time to discover the flooding and/or address it., Martin sustained a complex tear of the right knee’s medial meniscus. Not realizing the extent of his , Martin went home. He then followed up with his primary care physician. Ultimately, Martin underwent a partial medial meniscectomy where he had a meniscal recess of the medial meniscus, chondroplasty of the patella and synovectomy on May 7, 2014. Martin, who is the director of the Homeless Outreach Clinic and a licensed clinical social worker, claimed that he mostly recovered from his injury and that he will not require future treatment or care. Martin claimed that his past economic damages totaled $31,090.35, which was stipulated to and made known to the jury. He also sought recovery of non-economic damages for his past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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