Case details

Hotel’s failure to repair drainage cover resulted in fall: plaintiff

SUMMARY

$1725000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
dental, elbow, fracture, fractured teeth, right elbow
FACTS
On the evening of Feb. 25, 2012, plaintiff Victoria Murillo, 42, went with her husband, plaintiff David Murillo, to a Knights Inn hotel, in Pico Rivera, to attend a friend’s birthday party. Mrs. Murillo admittedly consumed two or three beers over the course of a few hours, while Mr. Murillo did not consume any alcohol, as he was the designated driver. Just before midnight, the Murillos and two other family members left the party in order to return home. However, as Mrs. Murillo walked to her car in a dark parking lot, she stepped onto a broken drainage cover, causing the heel of her right shoe to go into the drainage grill. As a result, Mrs. Murillo fell to the ground and struck her face. She also injured her right elbow. The Murillos sued the operator of the Knights Inn hotel, Lin & Sons Investment Inc. The Murillos alleged that the defendant was negligent for failing to repair and maintain the subject drainage cover, creating a dangerous condition. Plaintiffs’ counsel contended that the hotel’s drainage channel had a broken and defective grate cover, which allowed Mrs. Murillo’s right heel to step into the drainage grill and cause her to fall. Thus, counsel asserted that, due to its failure to repair the subject drainage cover, the defendant maintained its premises in a dangerous and negligent manner. Defense counsel denied there was a dangerous condition in the parking lot or that it was responsible for the alleged fall., Mrs. Murillo was taken by her husband to an emergency room, where she was diagnosed with a severe fracture of her right elbow. Mrs. Murillo also suffered fractures to two of her front teeth, requiring dental crowns. Due to the severity of the elbow fracture, she also had to undergo a total right arthroplasty on or about March 6, 2012. Mrs. Murillo missed approximately six weeks of work from her new job as a part-time service representative. She claimed she suffers limitations pertaining to lifting, pulling and pushing, which affected her ability to advance in her chosen field. She also claimed she was constrained to using her left hand only for all functional activities, and needed assistance to maintain her appearance and to get dressed. Mrs. Murillo further claimed that she was limited in her role as a mother of two young children and that her husband had to assume a much greater responsibility in terms of child care and household chores. Mrs. Murillo alleged that due to her limitations, she will eventually require hardware replacement and a revision surgery to increase her range of motion. She also alleged that he will require additional psychotherapy and pain management/medication. Thus, Mrs. Murillo sought recovery of $80,000 in past medical costs, $1.5 million in future medical and life care costs, and $350,000 in future loss of earning capacity. She also sought recovery of damages for her past and future pain and suffering. Mr. Murillo presented a derivative claim, seeking recovery of damages for his loss of consortium. Defense counsel challenged the nature and extent of Mrs. Murillo’s alleged residual . Counsel also disputed whether Mrs. Murillo’s alleged would cause any loss of future earning capacity given Mrs. Murillo’s part-time status and ability to continue performing clerical duties with little time off following the injury.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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